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One-vehicle rollover with entrapment reported on Ellicott Street Road, Pavilion

By Billie Owens

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A one-vehicle rollover accident with entrapment is reported at 6698 Ellicott Street Road (Route 33), Pavilion. The location is between Cook and Sparks roads. Pavilion Fire Department and Mercy medics are responding. A deputy just arrived on scene.

UPDATE 5:51 p.m.: The lone occupant and driver of an eastbound silver SUV was traveling from Starr Road to Cook Road and failed to stop at the stop sign at Route 63. It struck the rear driver's side of a northbound silver sedan. The impact left the vehicles 30 to 40 feet off the roadway, with the sedan on its side. The driver and sole occupant of the sedan was extricated and taken by ambulance to ECMC for evaluation of minor injuries. The driver of the SUV was a sign-off (requiring no medical attention) who was still at the scene a few minutes ago waiting for his wife to pick him up. Both vehicles required towing.

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Video: Public Coffee Hub joins the ranks of local food trucks

By Howard B. Owens
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Rob Credi, former proprietor of Main Street Coffee, has a new business venture and it puts him back in the coffee business: Public Coffee Hub, a food truck for caffeine addicts (and those who just like coffee). 

Libertarian candidate for NY-27 says he'll debate McMurray, who left him off the invitation list

By Howard B. Owens

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Press release:

Duane Whitmer, the Libertarian Party candidate for Congress in the 27th District of New York, today accepted Democrat Nate McMurray’s invitation to Chris Jacobs to debate McMurray eight times during the election.

So far, Jacobs has ignored the invitation eight times.

“Chris may be afraid to debate Nate,” Whitmer said, “but Nate is apparently also afraid to debate me as he left me out of the invite. So, I hereby accept Nate’s invitation to Chris to debate Nate.”

Whitmer, who is the chair of the Erie County Libertarian Party, received the endorsement from the district county chairs of the Libertarian Party last night and is also petitioning to be on the Right to Bear Arms ballot line for both the special election on April 28th and the general election in November.

“I will really spice up this debate that would otherwise feature two corporate lawyers affiliated with Delaware North who are political centrists,” said Whitmer. “Without a candidate who proposes real change for the 80 percent of Americans living paycheck to paycheck, the audience could very well fall asleep from sheer boredom.”

Whitmer, who is a tax adviser who represents taxpayers before the IRS, said his key issues if nominated would be: ending the twin wars on peaceful gun owners and drug owners; ending the pointless foreign undeclared wars started by George W. Bush and Barack Obama; and drastically cutting federal spending to stop borrowing from our grandchildren to pay for our own greedy programs.

Whitmer, who ran track at Fredonia State, is originally from Franklinville and now lives and works in Lake View.

Tickets on sale now for first ever BHS all Alumni Pep Rally at Eli Fish March 29

By Billie Owens

Press release:

The Batavia City School District Foundation Inc. is excited to announce the debut Alumni Pep Rally on Sunday, March 29, from 12-6 pm. at Eli Fish Brewing Company (109 Main St., Batavia).

Tickets to this premiere event are $15 presale and $20 the day of the event (and include food). This event is for ages 21 and older.

There will be raffles, a cornhole tournament (with two-person teams), a DJ, and -- you guessed it --  pep-rally-style contests where a class could win a paver at the Daniel A. Van Detta Stadium and their class name on the Alumni Pep Rally Spirit Stick!

Eli Fish will be renaming one of their beers to “Foundation Beer” for the event with 50 percent of the proceeds going to the Foundation.

So, wear your blue and white, bring your friends, bring your school memories, and join us for the first ever multi-class reunion event!     

Tickets may be purchased online here

Please consider attending even if you are an alum of a neighboring district. All are welcome!   

This pep assembly fundraiser will support the BCSD Foundation Inc. in their various activities within the Batavia City School District.  

Questions may be directed to:   foundation@bataviacsd.org

Accident blocking traffic at Wortendyke and Route 33, Batavia

By Billie Owens

A minor-injury accident is blocking traffic at Route 33 and Wortendyke Road in the Town of Batavia. East Pembroke fire is responding along with deputies and Mercy medics.

UPDATE 12:44 p.m.: Extrication equipment is required at the scene. A second Mercy rig is dispatched.

Video: American Warrior sponsors appreciation show at T.F. Brown's

By Howard B. Owens
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On Saturday night, Dan Clor, director of the American Warrior Festival, threw a party to thank T.F. Brown's and other sponsors of the festival that supports veterans.

Hops for Hope was a huge success by community for pediatric cancer

By Steve Ognibene

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Locals from the community gathered together yesterday in support of the second annual "Hops for Hope" by the Michael Napoleone Memorial Foundation to raise money for pediatric cancer.

The Foundation was established in 2007, in memory of Michael C. Napoleone, the 8-year-old son of Mark and Laurie Napoleone from Batavia, who died from Burkitt’s Lymphoma/Leukemia, an aggressive form of blood cancer.

Laurie thanked the crowd for coming to support the fundraiser event and also added "moments change very rapidly as ours did in 2005, surround yourself with good people, you continue to move forward despite the many challenges life gives you."

She continued to speak of what the foundation has contributed since it's inception. More than $436,000 has helped hundreds of local families, $90,000 has been contributed to research, $68,000 were donated to youth grants. Golisano Children's Hospital has two hospital rooms from the charity totaling $50,000 and locally in Batavia at UMMC Rochester Regional Health was given $25,000 for a new ICU pediatric room that is tenatively scheduled to be completed in 2021.

The event was held at Eli Fish Brewing Company, cost was $15 per person and included many food stations along with basket raffles, a Yeti cooler, foundation glass raffle, a live band and a cornhole tournament.  

The foundation next big event is May 2nd -- the 2020 Derby Day Gala held at Terry Hills Golf Course, Restaurant and Banquet Facility at 4 p.m.

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Above is the Michael Napoleone Memorial Foundation Board.

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The Ohms band

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Health Academy Students from Laurie Napoleone's class

McMurray tweeted about his employer but mostly after he was put on unpaid leave

By Howard B. Owens

NY-27 resident Michael Caputo, a political strategist with ties to Donald Trump, took to Twitter today to ask why didn't we, in our story about Nate McMurray being put on unpaid leave by his employer, Delaware North, mention that McMurray has said "insulting things" about his company and its owners.

In a statement in the tweet directed at another reporter from Upstate New York, Caputo said, "how long would you last if you tweeted insults about the owners of (the name of the reporter's newspaper)." 

"Do more reporting," Caputo said.

Caputo raised a valid point -- at least insofar as we should have taken a closer look at those tweets, so we did.

In the past 30 days, McMurray has mentioned, either directly or indirectly, Delaware North or the Jacobs family 18 times. 

Sixteen of those tweets were posted since Feb. 8, which would have been after McMurray said he was placed on unpaid leave.

McMurray is running for the NY-27 seat vacated in September by Rep. Chris Collins, who pled guilty to federal insider trading charges. The family of McMurray's opponent, Chris Jacobs, owns Delaware North, where McMurray, licensed to practice law in New York, is a VP of business development.

Attempts to reach Jacobs or a member of the campaign for comment have been unsuccessful.

In an interview with Caputo this afternoon, Caputo said McMurray's tweets are problematic, and whether they came before or after McMurray was placed on unpaid leave, they should give voters pause about McMurray's judgment.

"This is the only public visibility that Western New Yorkers have to the kind of employee he was," Caputo said. "If he's willing to say those things for all the world to see, you can imagine what kind of teammate he was at Delaware North."

Caputo is not associated with the Jacobs campaign and is not currently working with any other potential candidate in the NY-27, though he did spearhead a "Draft David Bellavia" effort last year.

The Aurora resident said, "I know 100 attorneys who are more qualified than him who would kill for the job he has. From my perspective, if he ever darkens the door of Delaware North again, it would be a shame."

We spoke with McMurray briefly today and he dismissed the accusation that he was put on unpaid leave for his tweets but said he couldn't discuss the issue in detail.

"This wasn't something that happened suddenly," McMurray said. "This happened after mounting pressure."

He wouldn't elaborate on what he meant by "pressure."

As for the content of his tweets, especially those sent since Feb. 8, McMurray said, "My duty is to talk about issues relevant to the people of the 27th District."

From a review of McMurray's tweets over the past 30 days, the first reference we can find to his employers is from Feb. 1.

As a kid, the richest guy I knew was my uncle, an electrician with a Caddy.

My opponent’s uncle owns the gosh darn Boston Bruins.

That matters, is reflected in what we fight for.

Deep down, I will always be the kid in the grubby Sabre’s shirt yelling, “the Bruins suck!”

— Nate McMurray for Congress 2020 (@Nate_McMurray) February 1, 2020

His next tweet was Feb. 3.

My opponent calls me a “deranged socialist loser.”

But his billionaire uncle paid me to be the Vice President of Business Development at their company for years! How does that make sense?

NOW HIRING: “Deranged socialist loser” status a plus!

(they will say anything...)

— Nate McMurray for Congress 2020 (@Nate_McMurray) February 3, 2020

Starting Feb. 8, McMurray sent out 16 tweets that made reference to his job or his employers, including at least one that seemed to hint at his employment situation:

I work for the company owned by my opponent’s family. I’m going to talk about it, because it hasn’t been easy.

I like a lot of the people there. But here’s a secret...a lot of them like me. Many are proud. I’m proud.

Who doesn’t like telling the Boss...

YOU DON’T OWN ME.

— Nate McMurray for Congress 2020 (@Nate_McMurray) February 8, 2020

One of McMurray's favorite targets during this tweetstorm is the Jacobs' family ownership of two casinos in Western New York.

When I leave our humble campaign office in Hamburg, I drive by the glowing casino owned by my opponent’s family...one of many.

Can you imagine owning a casino? Will Ferrell made a movie about it. He went to jail. It’s like printing money.

ELITE PRIVILEGE

That’s what we face.

— Nate McMurray for Congress 2020 (@Nate_McMurray) February 11, 2020

In his tweets, McMurray hinted at corrupt motives of the Jacobs' family in promoting Chris Jacobs for Congress:

On both sides of NY27 are two big casinos. Full of people. Spending lots.

My opponent’s family owns both. In our part of the world only people named Jacobs and Native Peoples (under law) got casino licenses.

And now they want a Congrssman. To get more? Haven’t they got enough?

— Nate McMurray for Congress 2020 (@Nate_McMurray) February 12, 2020

In one tweet, McMurray accused Jacobs of voting on a bill in the State Senate that affects the family casino businesses. We are unable to substantiate the claim.

Did Christopher vote on legislation affecting his family’s financial interests?

Yes. #NY27, didn’t we watch the last Congressman go to jail for doing some of that too?

Yes.

— Nate McMurray for Congress 2020 (@Nate_McMurray) February 15, 2020

One of Caputo's issues with McMurray's tweets is that he is using the Jacobs' family wealth as a wedge issue as part of his seemingly progressive, anti-inequality campaign theme.

If your family owned half of Buffalo, had your name on everything from hospitals to hockey teams—while people across your region suffered from the worst jobless rate in the country—you’d think you’d say, “Maybe we should keep our heads down.” Not, “We want Congress too.”

— Nate McMurray for Congress 2020 (@Nate_McMurray) February 8, 2020

"He uses income disparity with a Berniesque (referring to Democratic presidential candidate Bernie Sanders) spin," Caputo said. "That rhetoric doesn't play well in the NY-27. The vast majority of Republicans in the NY-27 find that kind of rhetoric offensive."

Reminded that this is a populist district that almost went for Jack Davis in the last special election (a special election in 2011 won by Kathy Hochul), Caputo said that may be so, but McMurray's approach to wealth inequality is not the approach that will resonate in the district.

"Looking at the income disparity message, using his employer as an example, he looks like a guy who stabs his employer in the back by using the wealth of a family that has fed him for years as a hammer in the income disparity debate," Caputo said. "The NY-27 is going to find him offensive." 

Caputo is aware that self-funded Republicans handpicked by GOP leadership hasn't worked out too well for the NY-27 in recent years. There was Chris Lee who was caught posting shirtless photos of himself on Craigslist and Chris Collins who is going to prison on insider trading charges.

The other difficulty Chris Jacobs faces in the special election is he does not seem to be the choice of Trump-supporting Republicans. Jacobs is also not Caputo's first choice but Jacobs has his support now.

"I am Republican and I support the Republican nominee," Caputo said. 

Whether Jacobs wins or loses the special election on April 28, both Stefan Mychajliw and Beth Parlato are vying for the title of most Trump-loyal future member of Congress, to the point of attacking Jacobs as a "NeverTrumper," which Caputo acknowledges could dampen GOP turnout in an election timed to coincide with the Democratic presidential primary. If the Democratic turnout is more than 50 percent -- Caputo considers that unlikely -- McMurray could be sent to Washington for at least seven months.

"The real question is how much do you want Nate McMurray as your congressman," Caputo said. "The question Republicans have to answer is, do you want Nate McMurray as your congressman for even five minutes?"

Caputo calls McMurray a socialist. A charge McMurray has repeatedly denied (in our video interview on Thursday, we pressed McMurray on the socialism issue; we'll release the video after Jacobs has participated in a proportional, in-depth interview).

If McMurray does pull out a victory on April 28, Caputo said he's confident he won't stand a chance to in the general election in November.

"It's metaphysically impossible for a Democrat to win in the district when Donald Trump is on the ballot," Caputo said.

UPDATE 9 p.m.: It's been brought to our attention that we have perhaps not explained enough about what Delaware North is. Here's the Wikipedia entry: "Delaware North is a global foodservice and hospitality company headquartered in Buffalo, New York. The company also operates in the lodging, sporting, airport, gaming and entertainment industries. The company employs over 55,000 people worldwide and has over $3.2 billion in annual revenues." Key people:  Chairman Jeremy Jacobs, and Jerry Jacobs and Louis M. Jacobs are co-CEOs, and Charlie Jacobs is CEO of Boston Holdings. Delaware North operates nine gaming facilities nationally, including Hamburg and Finger Lakes. 

Shortly after this story was published, Nate McMurray (we had asked him to substantiate his tweet quoted above) provided links to three senate bills that are related to the casino business in New York that Jacobs cast votes on. They are:

  • Senate Bill S6669: Authorizes regional off-track betting corporations to allocate up to $500,000 from their capital acquisition funds for employee salaries and benefits;
  • Senate Bill S6675: Provides that consent to simulcast at off-track betting branches, horse races run at a regional track, shall not be unreasonably withheld;
  • Assembly Bill A5059A: Authorizes the sale of cider, mead, braggot and wine at games of chance.

Batavia teen Tony Sprague rolls 300 game in GRUSBC youth tournament at Medina Lanes

By Mike Pettinella

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A perfect game by Tony Sprague powered the Mancuso Mean Machine team to victory today in the Genesee Region USBC Association Youth Team Tournament at Medina Lanes.

Sprague, a Batavia High School senior who will turn 18 on March 16, posted his first United States Bowling Congress-certified 300 game in the second game of the team’s three-game series on lanes 17-18.

His other games were 187 and 222 for a 709 series.

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For a list of high scores in Genesee Region leagues last week, click on the Pin Points tab at the top of this page.

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The right-hander’s big series helped his team record a 2,596 total with handicap to edge The Strikers of Oak Orchard Bowl by nine pins for the tournament title.

Sprague and teammates Ben Sputore, Corinne Saluste and Emma Miller each will receive a $100 scholarship and a trophy.  Members of the second- and third-place teams each will receive a trophy.

Taking some advice from Coach Tom Fluker, Sprague said he moved his line from the second arrow to the third arrow after the first game – and also switched bowling balls – to consistently hit the 1-3 pocket.

“I switched from the Storm IQ Pearl Emerald to the Storm IQ Tour (black) and moved five boards to the left and played a pretty tight line,” said Sprague, noting that the first ball in the second game crossed over for a Brooklyn strike.

He proceeded to put the next eight balls in the pocket and said he didn't feel nervous heading into the 10th frame 

“I felt pretty confident,” said Sprague, whose previous high game was 276 and whose high series is the 752 he rolled in the Turnbull Heating Junior League at Mancuso’s in November. He averages over 200 in a couple of different youth leagues.

After the final strike, he exchanged high-fives and hugs from everyone around, including his mother, Jacqueline. His father, Todd, was unable to attend due to work commitments.

Sprague qualifies to receive awards from the USBC and Genesee Region USBC for his perfect game.

He also said he was rewarded by his mom on the way home.

“Yeah, I got a Shamrock Shake (from McDonald’s) out of it,” he said.

Bowlers on the second-place team were Adelynn Neal, Jayden Neal, Gavin Baney and Zachary Neal and members of the third-place Oak Orchard I team that registered 2,555 were Ryleigh Culver, Gracelin Mahnke, Juliana Allis and Paige Snook.

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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."

Top Items on Batavia's List

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