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BHS hosts 20th annual winter guard competition

By Howard B. Owens

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Eighteen winter guard teams from throughout WNY and Canada were in Batavia on Saturday night for the 20th annual competition in the Batavia High School gymnasium. 

Top three photos of the Batavia varsity team, followed by photos of a senior guard team, called Luminosa made up of students from throughout the region, then the team from Medina. 

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Three local wrestlers advance to state championship in Albany

By Howard B. Owens

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Andrew Englerth remains undefeated on the season in wrestling with his 47th win, coming in as a 160-pound D2 state qualifier.

He will now wrestle for a state championship in Albany during the tournament Feb. 28 and 29.

Englerth beat Justin Smith, of Marcus Whitman/Penn Yan, in a major decision, 13-4.

Also picking up championship wins were Zach Hannan, Byron-Bergen, at 152 pounds, beating Kade Slayton of Hornel in a 2-0 decision, and Mitchell Gaiser, Alexander, beating William Tennity of Wayne in a fall at 4 minutes.

Photos submitted by Tim McArdle.

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Two Le Roy athletes set new school indoor track records at last meet of the regular season

By Howard B. Owens

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Le Roy's boys and girls indoor track teams competed in their final regular-season meet this weekend, and Bella Condidorio and Aidan Harrington both set new school records. 

Condidorio won in the 55-meter hurdles with a time of 8.96 and Harrington came in second in the 300 meter dash with a time of 36.60.

In the girls' pole vault, Gavin Konieczny, of Batavia, won with a vault of 9-06.00.

In boys' shot put, Alex Rood won with a toss of 51-10.00.

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Sponsored Post: Dolce Panepinto: Frequently asked workers' compensation questions

By Lisa Ace


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 Workers' Compensation Law or to contact Dolce Panepinto: click here.

Oakfield-Alabama cheer places second in Sectionals

By Howard B. Owens

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Oakfield-Alabama placed second in the Section V varsity cheerleading sections in the Class D2 C division. The team competed against 18 other schools.

Photo and info submitted by Amanda Fonda.

Nate McMurray's employer, owned by the family of his NY-27 opponent, placed him on leave without pay.

By Howard B. Owens

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When Nate McMurray ran against Chris Collins in 2018 for the NY-27 congressional seat, there was no apparent problem with his employer, Buffalo-based Delaware North.

He kept his job. He kept his salary.

During his tenure as supervisor in Grand Island, he kept his job. He kept his pay.

Two weeks ago, Delaware North informed McMurray he was being placed on leave without pay. He wasn't given an explanation. 

Delaware North is owned by the family of Chris Jacobs, McMurray's opponent in the April 28 special election for the NY-27.

McMurray said he and his family are presently getting by on vacation pay and an earned bonus.

"I worked hard for the company," McMurray said. "I love many people there. But this is unquestionably difficult. I’ve expressed that to them."

Despite the loss of a regular paycheck, McMurray said he's committed to staying in the race.

McMurray made reference to his loss of wages today on Twitter and The Batavian reached out to him for clarification. He said he was limited in what he could say about the situation but confirmed that he had been put on leave without pay.

An attorney licensed to practice law in New York, McMurray is part of Delaware North's legal team.

Multiple attempts to reach the Jacobs campaign today for comment were unsuccessful. We also tried reaching out to Delaware North for comment and were unsuccessful. Messages were left in both cases.

Photo: Still from a video interview The Batavian conducted with Nate McMurray on Thursday evening at the Richmond Memorial Library. We intended to release the full nearly 50-minute interview once we've secured a similar and proportional interview with Chris Jacobs.

The Batavian is the first news outlet to report this story. We work hard to bring you quality political coverage. Support local news. Support our efforts. Click the Support button below.

Hawley works across the aisle to restore VLT funds for city, county

By Billie Owens

Press release:

As budget negotiations in Albany intensify, Assemblyman Steve Hawley (R,C,I-Batavia) has written to Assembly Speaker Carl Heastie requesting that Video Lottery Terminal (VLT) Aid be restored in this year’s Enacted Budget due April 1.

The City of Batavia is slated to lose $440,789; the Town of Batavia $160,388 and Genesee County $200,392 as proposed by Gov. Cuomo in this year’s Executive Budget. 

“The impact on these municipalities, along with others, will put a devastating financial hardship on our already overtaxed New York State citizens who continue to flee to other states,” Hawley wrote in the letter. 

“Local officials and constituents in my district have reached out to me with their concerns. This proposal will have a huge impact on fire companies, police officers and other essential personnel who provide safety for our communities. On behalf of all communities in jeopardy of losing this aid, I implore you to restore this funding."

Blue Devils boys basketball lose to Eastridge in final seconds

By James Burns

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The Batavia Blue Devils Boys Varsity Basketball Team(13-7) hosted the Eastridge Lancers (16-3) Friday evening for a Monroe County conference game. 

Eastridge was in control in early minutes of the game with Batavia unable to put a play together and score. Batavia did find their rhythm and caught right up to Eastridge trailing by one at the end of the first period, Batavia 12, Eastridge 14.  

For the next two periods it was hard fought defensive plays and back and forth trading points on offense but Batavia did seem to control the game. Batavia led by a basket at the half and the end of the third.  

The Blue Devils look poised for their biggest upset of the year with only two minutes left in the fourth, they led 50 to 49. With 14 seconds left, Batavia trailed by three. They had a chance for a three-pointer to tie the game but the Lancers' defense was too strong and a turnover sealed their fate. Final score, Batavia 50, Eastridge 53. 

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Ellicott Trail ought to be open just in time for summer

By Billie Owens

The long-anticipated Ellicott Trail was supposed to be finished by Thanksgiving, but it's now Valentine's Day and still no dice. Why? One word: WEATHER.

"The Ellicott Trail is about 70 percent complete," said Thomas Lichtenthal Jr., Town of Batavia highway superintendent and assistant engineer. "We plan on completing it by June this year and open it to the public. We had some weather delays in the fall last year that didn't allow us to complete it."

Only four months to go, which will mark to the month when actual construction began three years prior.

The $1.7-million project is funded mainly with state Department of Transportation grant money. It's a joint venture by the City of Batavia and the Town of Batavia, with each contributing 10 percent of funding. The town is the lead agency.

A new bridge on Walnut Street was paid for with a $250,000 Municipal Facility Grant, and Genesee County Parks Department capital project funds will pay for a boardwalk at DeWitt Receation Area.

The trail itself is 4.6 miles long, but from end to end it's nine miles if you include sidewalks and bridges. It goes from Seven Springs Road to Pearl Street Road (Route 33).

Once open, during daylight hours only, signs will point the way for pedestrians and bicyclists. Motor vehicles will not be allowed on the trail, except for those of first responders -- firefighters, medics and law enforcement. City police will have bike patrols in spring and summer.

The off-road sections have been the most labor-intensive because of culverts, dilapidated railroad beds, trees and other vegetation and the removal of them.

Ellicott Trail will provide an alternative for physical exercise, the enjoyment of nature, and traversing the city and its businesses. Enthusiasts tout this kind of amenity as one that is increasingly attractive to urbanites, especially Millennials.

(Top: File image of the winning entry in the Ellicott Trail logo contest, unveiled in February 2017. It was created by Jayme Privitera, a professional graphic designer.)

Elba's Colton Dillion becomes team's all-time leading score

By Howard B. Owens
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Elba's Colton Dillion scored a career-best 47 points in route to setting a new school record for career points, beating the old record of 1,244 points and raising his own record to 1,252 points.

Elba beat Kendall 76-46.

Photos by Kristin Smith. For more photos, click here.

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County planners OK site plan for gift shop at the former Warner's Flower location in Oakfield

By Mike Pettinella

The Genesee County Planning Board on Thursday night recommended approval of a site plan review to operate a gift shop in the former Warner’s Flower Shop at 21 Main St., Oakfield.

Seeing no significant countywide or intercommunity impact, the board gave its OK for Denise Linsey, of Basom, to purchase the building and set up her own store in the Commercial (C-1) District, which will be called “Simple Pleasures Home Décor & Gifts.”

Linsey’s application states that the store will be open from 1 to 6 p.m. on Wednesday and Thursday, 11 a.m. to 5:30 p.m. on Friday, and 10 a.m. to 2 p.m. on Saturday.

The proposal now will be considered by the Oakfield Village Board for final approval.

In other action, the board recommended:

-- Approval with modifications of a special use permit for Thomas Dougherty of 1262 Herkimer Road, Darien, to construct a recreational pond on his property.

The approval is contingent upon the developer adhering to guidelines issued by the Genesee County Soil & Water Conservation District office that focus upon the location and construction parameters as well as obtaining permits from the state Department of Environmental Conservation.

-- Approval of a site plan review for the construction of a 6,000-square-foot storage building (40-by-150) at Six Flags Darien Lake. The proposed 24-foot high building would be located off Sumner Road in an area behind the amphitheater.

-- Approval of a downtown design (site plan) review for contractor Ben Boyce to install a 12-foot by 9-foot overhead door and a 3-foot by 7-foot swing door along the west wall of the Tenney Coin Laundry facility at 200 Ellicott St., Batavia.

Hawley pens letter to Speaker Heastie calling for full funding for libraries

By Billie Owens

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) has penned a letter to Assembly Speaker Carl Heastie requesting that Library Aid be fully funded in this year’s state budget.

Gov. Cuomo plans to cut Library Aid by $5 million this year, for a total of $91.6 million, according to his Executive Budget proposal. Furthermore, the governor aims to cut Library Construction Aid by $20 million back to a total of $14 million. 

“This level of state aid is inadequate for libraries within this state and there are no other educational institutions expected to function at this level of state aid," Hawley wrote in the letter. "It is imperative that increases in Library Aid are made each year in proportion to the general education funding. As you know, library monies in the budget are not in line with education funding – it is separate, therefore, libraries are not recipients of those increases.

“There should be no barrier when it comes to providing our constituents with the essential tools necessary for their betterment. Our constituents, who range from toddlers to the elderly, depend significantly on the services provided by our libraries. In addition, access to resources for job training, start-up businesses, consumer health, education, financial and technology training come from our libraries.

In previous budget negotiations, Hawley was successful in working with members across the aisle and the governor in restoring proposed cuts to Library Aid.

Time to reiterate The Batavian's comment policy

By Howard B. Owens

It seems like a good idea to reiterate our comment policy, especially since some things might not be apparent since we now use Facebook's comment plug-in to manage comments: 

  • Even with Facebook registration, we still require real names. If we see a name we suspect is fictitious, we will check it against public databases. With Facebook, however, we also can now look at your profile. Fake accounts are usually easy to spot. We ban people from making comments with names we do not believe are the person's true identity. Interestingly, the way it works with Facebook, the person doesn't even appear to know they've been banned. I can still see their comments in our comment moderation tool even though the comments are not appearing on the website.
  • Attacks on public officials are a special case. The higher up in office, and the less directly connected to our local community, the more leeway is allowed, but name-calling and personal attacks rarely illuminate or add to a worthwhile discussion. We reserve the right in our sole judgment to hide comments that we find offensive or inappropriate.
  • Racism is never tolerated. 
  • We still do not allow personal insults. Some insults are obvious, others are more subtle, and we don't always catch them. Any comment we suspect of containing a personal insult, we hide. Only the person who made the comment and their Facebook-connected friends will see the comment. 
  • We don't allow profanity.  
  • We expect civil discourse and obvious trolls get their comments hidden and are subject to potential bans.
  • Comments that stray off topic are also subject to being hidden.

No comment is ever hidden because of the content of the comment. All opinions are welcome so long as the comments are within our guidelines.

Law and Order: Man accused of filching from Walmart then attempting to pawn the loot

By Billie Owens

Thomas J. Leonard, 36, no permanent address, is charged with falsifying business records in the first degree, petit larceny, and conspiracy in the sixth degree. Leonard was arrested at 6 p.m. on Feb. 13 on an arrest warrant out of Town of Batavia Court. The warrant stems from an investigation into a larceny that occurred at Walmart. It is alleged that Leonard stole property from Walmart, then attempted to pawn the property at Pawn King Pawn Shop and falsified business records in the process. He was arraigned in Batavia Town Court, then released on his own recognizance. He is due to return to court on March 17. The case was investigated by Genesee County Sheriff's Deputy Kyle Krzemien. The arrest was made by Deputy Erik Andre with the assistance of Batavia Police Officer Christopher Lindsay.

Christopher Michael Sims, 31, of Manhattan Avenue, Batavia, is charged with: driving while intoxicated, with a prior conviction within 10 years; parking on a highway; having an uninspected motor vehicle; and refusing to take a breath test. Sims was arrested at 5:46 a.m. this morning (Feb. 14) on Dubline Road in Bethany after a traffic complaint. It is alleged that Sims was driving a vehicle while intoxicated by alcohol after being found unresponsive parked in the roadway. He was processed at the jail and released on appearance tickets. He is due in Bethany Town Court on Feb. 25. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Jordan Alejandro.

Kyle Christopher Madden, 26, of Lake Street Road, Le Roy, is charged with criminal possession of a controlled substance in the seventh degree. Madden was arrested at 12:18 p.m. on Feb. 13 at an apartment on Lake Street Road in Le Roy during an investigation of an unrelated matter. He was released with an appearance ticket and is due in Le Roy Town Court on Feb. 20. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Christopher Parker.

Photos: Old truck off Route 262

By Howard B. Owens

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Driving down Route 262 in Byron this morning, I spotted this old, snow-covered truck, in a yard off the roadway.

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Top Items on Batavia's List

Gas stove, dryer, queen bed and boxspring, books, bikes, legos, mens and womens clothing and much more. Cash and Venmo accepted. May 24-26 8am-? 5050 Batavia Elba Townline rd Batavia 14020
Tags: garage sales

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