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Sponsored Post: Reasons to hire an attorney for a workers’ compensation claim

By Lisa Ace


Reasons to hire an attorney for a workers’ compensation claim:

  • 1. The workers’ compensation system is complex, confusing, and often difficult to navigate.
  • 2. We will look out for your best interests, fight on your behalf against the insurance carrier to maximize your benefits, and make sure your questions are answered.
  • 3. In some cases, you may be entitled to a financial award, even if you did not miss any time from work as a result of your work-related injury.
  • 4. The insurance carrier will have a team of attorneys working on their behalf, having an attorney fighting on your behalf helps to level the playing field.

Please call Kristin Allen at 585-815-9003 for any of your workers’ compensation needs.

Grand Jury Report: Teen accused of using camera to peep on another person

By Howard B. Owens

A 17-year-old resident of Basom has been indicted on two counts of unlawful surveillance in the second degree. The youth is accused of using a recording device to surreptitiously view, broadcast or record, under the clothing being worn by another person, showing the sexual or other intimate parts of the person.

He's also accused in the second count of surreptitiously using a camera to record or view a person in a location where the person expected privacy without the person's consent. The first count stems from an incident reported Jan. 31 and the second count from an incident reported June 7, both in the Town of Oakfield.

Start-Up Genesee hosting next event at Harvester Center

By Howard B. Owens

Press release:

Start-Up Genesee will hold the next “Think & Drink” event from 4 to 6 p.m. on Thursday, Aug. 31st at The Harvester Center at 56 Harvester Ave. in Batavia, NY. 

The launch of the Think and Drink series hosted by Start-Up Genesee officially kicked off on Sept. 1 at The Harvester Center where regional business leaders and elected officials gathered to recognize and celebrate the entrepreneurial spirit in Genesee County.

“A lot has happened at the Harvester Center since the last Think and Drink event was launched almost a year ago,” said Tom Mancuso, owner of Mancuso Business Development Group. “I think this speaks to the entrepreneurial spirit of our community and the fact that this facility and space helps bring out that type of creative thinking.”

Guests are asked to meet at the Moon Java Café, which will be followed by tours of businesses and viewings of available space as well as demonstrations of the various business services available at the Harvester Makerspace. This event is free and open to the public.

The tour will include remarks from business owners, Renee Smart of Moon Java Café and James Dillon of the Harvester Makerspace. They will provide insight and share their experiences on how entrepreneurs can successfully work in shared spaces.

Resurgence Brewing Company, which recently announced it is opening a brewery in Batavia at Ellicott Station, will provide samples of its various craft beer selections. Resurgence specializes in making sour, wild and barrel-aged craft beers.

Sponsors for the event include Canandaigua National Bank & Trust, FreedMaxick, Merrill Lynch, Del Plato Casey Law Firm LLP, the University at Buffalo New York State Center of Excellence in Material Informatics and Bioinformatics & Life Sciences, Tompkins Bank of Castile and Tompkins Insurance.

For more information or to RSVP, please contact Rachael Tabelski at 585-343-4866 or rtabelski@gcedc.com.

City Schools shows improvement in Common Core test results for 2017

By Howard B. Owens

Common Core spring results show improvement for Batavia City School Students, a point Superintendent Christopher Dailey emphasized during a conversation today, but that isn't the most important stat he looks at in evaluating student proficiency.

The most important number to him, he said, is the district's 95-percent graduation rate.

"The tests are supposed to be an indicator of graduation readiness and I've yet to see that kind of link because we graduate a lot of kids who go on to do great things," Dailey said.

In English Language Arts, the district improved from a 34-percent pass rate last year to 36 this spring. The statewide pass rate is 40 percent, but Dailey noted that in both ELA and Math, City Schools perform on par with other small city school districts.

In Math, the district improved from 36 percent to 38 percent with a 40-percent statewide rate.

In ELA, 40 percent of the girls passed and 29 percent of the boys. The pass rate for girls in Math was 35 percent and 40 percent for boys.

The test was given to students this spring in grades three through eight.

Dailey said Common Core provides more data points to measure how the district is doing and what it might need to address to meet the educational needs of students, but it isn't the only data point.

"If you look at like schools, we're doing OK, but not good enough," Dailey said. "We still need to improve and we will."

Other Genesee County districts:

  • Byron-Bergen, from 42 to 49 percent in ELA, and 49 to 48 percent in Math;
  • Le Roy, from 39 to 43 percent in ELA, and 45 to 50 percent in Math;
  • Pavilion, from 30 to 34 percent in ELA, and 45 to 42 percent in Math;
  • Alexander, from 34 to 33 percent in ELA, and 47 to 43 percent in Math;
  • Oakfield-Alabama, from 33 to 41 percent in ELA, and 50 to 49 percent in Math;
  • Elba, from 30 to 27 percent in ELA, and 36 to 41 percent in Math;
  • Pembroke, from 39 to 36 percent in ELA, and 50 to 45 percent in Math.

For complete countywide results, click here.

Tickets on sale for Blue Devils season opener at Carrier Dome

By Howard B. Owens

The three-peat Section V champs Batavia Blue Devils get to play in another big-time stadium in their first game of the season Sept. 3 and boosters are hoping for a big local turnout.

The Blue Devils will face Johnson City at the Carrier Dome in Syracuse. Kickoff is 2 p.m.

Tickets are available at Batavia High School in the Athletic Director's Office. Summer hours are 8 a.m. to 3 p.m. Tickets are $8, or $10 at the door. Checks for tickets bought locally should be made out to Batavia Coaches Association.

Students are encouraged to sign up in the AD office. A ticket and a ride on the spectator bus will be $10.

Law and Order: Ellicott Street resident accused of punching, kicking roomate

By Howard B. Owens

Rae C. Cook, 28, of Ellicott Street, Batavia, is charged with harassment, 2nd. Cook is accused of punching and kicking a roommate in the face during an argument at midnight, Monday. 

Passiona C. McConnell, 39, of Bank Street, Batavia, is charged with curfew violation. McConnell is accused of allowing her two juvenile children to violate the Batavia Municipal Code curfew.

Minnie M. Henry, 29, no permanent address, Batavia, is charged with criminal mischief and harassment, 2nd. Henry was arrested on a warrant and detained in jail.

A 17-year-old resident of Main Road, Le Roy, is charged with trespassing. Deputies responded to a complaint of several individuals trespassing on property at 7875 E. Main Road, Le Roy. The youth was identified as an alleged trespasser, arrested and issued an appearance ticket.

Photo: Smoke from truck fire in Oakfield

By Howard B. Owens

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A truck fire at Z&M Ag and Turf in Oakfield this morning caused quite a bit of smoke. Lori Forsyth, who provided the picture, said it inundated her house on Batavia Elba Townline Road. The fire was reported at about 9:15 a.m. and Oakfield fire responded. The fire was out quickly.

Thunderstorm warning until 8 p.m.

By Howard B. Owens

A severe thunderstorm warning is in effect until 8 p.m. For parts of Genesee County, including Batavia.  

The storm has been detected by radar over Clarence and is moving east at 40 mph.

Wind gusts of 60 mph are possible.  

Wind damage including downed trees, branches and power lines is possible.

Court turns down latest appeal request from Scott Doll on murder conviction

By Howard B. Owens
     File Photo: Scott Doll

An attempt by Scott F. Doll to get his 2010 murder conviction overturned has hit a final state-level roadblock, with New York's Court of Appeals turning down a request for either a hearing or a new trial based on Doll's lack of legal right to seek the appeal.

An attorney for Doll, Timothy Murphy, argued in January 2016, before Interim County Court Judge Micheal Pietruszka, that his client should get a new trial because of what he believed was a mishandling of fingernail scrapings from the murder victim, Joseph Benaquist, and the possibility of third-party blood DNA on one of the boots of Benaquist.

Pietruszka denied the appeal and Murphy appealed to the Fourth Department of the New York Court of Appeals and a judge there ruled that the department wouldn't hear the appeal or grant a new trial.

Today, a judge with the state's Court of Appeals issued a ruling that said Doll was asking for an appeal on issues that were not appealable. 

For previous Scott Doll coverage, click here.

Number of unemployed in county remains steady in July

By Howard B. Owens

Genesee County's unemployment rate ticked up a percentage point, even though the number of people reported as unemployed in the county remained steady at 1,300.

The rate rose year-over-year from 4.1 percent for July to 4.2.

There are 29,000 people in the county with jobs.

The total labor force -- the number of people working or looking for work -- is 30,300, down from 30,600.

Nationally, the unemployment rate is 4.6 percent. That's what's known as the U-3 number. The number that accounts for people who have stopped looking for jobs out of discouragement and part-time workers who would like full-time employment for the nation is 10.4 percent. That rate has been falling steadily since 2009 from a high of nearly 18 percent. (source, The Wall Street Journal)

That kind of detail is not available for job markets as small as Genesee County.

Wage growth nationally remains stagnant. 

The state's unemployment rate is 4.9 percent.

The GLOW unemployment rate is 4.9 percent, a tick higher than a year ago. The region's labor force has dropped from 98,300 to 96,900.

Caller reports seeing person with shopping cart of merchandise enter pawn shop

By Howard B. Owens

A caller in the area reports seeing a person with a shopping cart full of merchandise who walked from Walmart to Pawn King.

The caller suspects the items were stolen from Walmart.

A trooper is responding.

UPDATE 3:45 p.m.: When the trooper pulled up, the subjects left Pawn King and were last seen walking toward Office Max. They left the merchandise on the counter at Pawn King.

Severe thunderstorm warning issued for Genesee County until 1:30 p.m.

By Billie Owens

A severe thunderstorm warning has been issued by the National Weather Service for Genesee County and several others in Western New York until 1:30 p.m.

At 12:34 p.m., severe thunderstorms were located along a line extending from near Batavia to near Varysburg, moving northeast at 55 mph. Hazardous 60-mph wind gusts are expected.

Also, expect wind damage to trees and power lines.

Specifically cited for hazardous driving conditions are Interstate 390 between exits 7 and 12. Interstate 90 between exits 48 and 44.

For your protection move to an interior room on the lowest floor of a building.

Bergen man with lengthy criminal history accused of violating an order of protection

By Julia Ferrini

The Attica Police Department initiated an investigation into a violation of an order of protection between Juan A. Roman, 39, of Bergen, and a female victim.

A complete stay away order of protection had been issued July 21 by the City of Batavia Court from previous charges of unlawful imprisonment in the first degree, assault in the third degree and criminal obstruction of breathing or blood circulation between the defendant and the victim.

juan_a._roman.jpg
      Juan A. Roman

Roman was charged Aug. 14 with criminal contempt in the first degree – telephone communication, and criminal contempt in the first degree – prior conviction within five years.

An arrest warrant was obtained and Roman was found and taken into custody without incident with the assistance of the Genesee County Sheriff’s Office. He was arraigned in Wyoming County Court and put in Wyoming County Jail on no bail.

He was in Attica Village Court Monday where he was put back in jail on no bail due to several previous felony convictions, which include:

    • Sept. 5, 2008 – Charged with driving while intoxicated, ticketed with unsafe backing, unlicensed operation of a motor vehicle, moving from lane unsafely, and consumption of alcohol in the vehicle;

    • Feb. 4, 2009 – Charged with unlawful imprisonment in the first degree, assault in the third degree and petit larceny;

    • March 3, 2011 – Roman accused of dealing cocaine, allegedly selling a quantity of the drug to an undercover agent in Batavia. He was charged with criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree;

    • Aug. 30, 2013 – Charged with harassment in the second degree and unlawful possession of marijuana;

    • Jan. 8, 2014 – Charged with harassment in the second degree, three counts of endangering the welfare of a child and criminal contempt in the first degree;

    • July 17, 2014 – Charged with three counts of criminal contempt in the second degree;

    • Sept. 9, 2014 – Charged with criminal contempt – violating a stay away order of protection; and

    • July 24 – Charged with promoting prison contraband.

PTSD Clinic and Crossroads House benefit from charity ride

By Howard B. Owens

img_2208ptsd.jpg

The 1776 Volunteer Riders presented checks yesterday of funds raised at a June 3 ride to the PTSD Clinic at the VA Hospital and Crossroads House. Each agency received $1,600.

Photo and submitted by Jeff Allen.

League bowling meetings set for tonight in Batavia, Thursday in Mount Morris

By Mike Pettinella

Informational meetings for secretaries of leagues in the Genesee Region United States Bowling Congress association are scheduled for 6:30 tonight at T.F. Brown's in Batavia and 6:30 p.m. Thursday at Mount Morris Lanes.

Supply kits will be distributed at the meetings, which also will feature complementary pizza, wings and refreshments courtesy of the GRUSBC. All Genesee Region USBC league secretaries or their representatives are required to attend one of the two meetings.

"These meetings are extremely important as they set the stage for a successful 2017-18 season," said GRUSBC President Tom Fluker. "Not only will we be handing out the league supplies, but we also will be sharing pertinent information about dues structure, the certification process, our extensive awards program and our association tournaments."

Fluker noted that two meetings are scheduled in different parts of the association in an effort to accommodate secretaries of leagues throughout the GLOW region. Supply kits for all leagues will be available at both sessions.

The Genesee Region USBC has jurisdiction over all USBC-certified leagues at 11 centers -- Mancuso Bowling Center in Batavia, Scopano's Lanes in Oakfield, Legion Lanes in Le Roy, Rose Garden Bowl in Bergen, Oak Orchard Bowl in Albion, Medina Lanes, Bennington Lanes, Perry Bowling Center, Letchworth Pines, Mount Morris Lanes and Livingston Lanes in Geneseo.

Byron-Bergen student captures four medals at Indigenous Games in Toronto

By Howard B. Owens

caballerobb.jpg

Press release:

Byron-Bergen Jr./Sr. High School sophomore Siomara Caballero travelled to Toronto in July to compete with more than 5,000 other young athletes from across the United States and Canada at the North American Indigenous Games (NAIG). As part of Team New York, a group of girls and boys representing the state’s Haudensaunee Confederacy, Caballero won Bronze medals in the 1200m, 2000m and the 3K cross-country races in her age group. She took the Silver Medal in the 800m race. Her team collected a total of 13 medals throughout the games.

The NAIG is the largest sporting and cultural gathering of indigenous peoples in North America. It hosts 14 sport competitions, including track and field, lacrosse, archery, baseball, basketball, and soccer, in a variety of world-class venues during the week. It is also a celebration of a rich cultural heritage, featuring indigenous artists, music, foods, and history.

“It felt good to be a part of a movement that is trying to increase awareness for indigenous youth in sports,” Caballero said. “I felt that I learned more about my family's history and culture. I enjoyed getting to know the other kids on my team, and representing the Haudensaunee people.” (Haudensaunee tribes include the Mohawk, Oneida, Onondaga, Cayuga and Seneca.)

Caballero is an enrolled member of the Seneca Nation of Indians, Wolf Clan. She became interested in NAIG in 2014, and qualified for the team in 2016.

“I put in a lot of time preparing for the games and I feel that my hard work payed off,” she said.

At Byron-Bergen, she runs varsity cross-country in the fall, plays JV basketball in the winter, and participates in varsity track and field in the spring. She has been a Genesee Region All-Star in XC and track and field for the past two years.

“My favorite memory from the games was trading pins with other athletes,” she said. “We all started with a set of team pins designed to represent the areas and tribes we were from, and we traded throughout the week. I was able to collect pins from kids from all over the U.S. and Canada. It was a great way to interact with people that I might not have otherwise spoken to. I had a lot of fun!”

She looks forward to a busy year at Byron-Bergen, with athletics and a full academic schedule. She is taking classes at Genesee Community College as part of the STEM accelerated degree program, and is in several clubs, including PageTurners, Spanish Club, and Math League.

“After I graduate from high school,” she said, “I would like to major in math or science in college. I want to be a role model for my younger sister and brother, so they can know that anything is possible with hard work.”

She hopes that her sister will join her at the next NAIG in 2020.

“I would like to thank my parents and family for their support and for spending the week in Toronto cheering me on,” she said.

Collins praises Trump's speech on Afghanistan

By Howard B. Owens

Press release:

“I applaud President Trump for standing by the sacrifices made by our servicemen and women, and sharing with the American people his commitment for meeting key objectives in Afghanistan. His candor that we are not building a nation, but are stopping terrorists before they can ever darken our door again here at home is appreciated.

“It is time for other allies like Pakistan to contribute to victory. It is also time for us to engage the enemy on our terms with the guidance of our best military minds, and not under time constraints and quotas established by politicians.

“Tonight, Donald Trump demonstrated one of the reasons why America elected him to be President. That is to confront and defeat America’s enemies making our nation and its citizens safe in the world.”

Batavia Players opens new dance academy

By Becky LeFevre

The Harvester 56 Theater, home of the Batavia Players, is opening a new dance school this fall. Classes will be held at the Robert Morris School in Batavia. 

The Theater has sponsored summer dance camps in the past, but the new academy will offer semesters of professional dance instruction to students of all ages. Patrick Burk, president of the Board of Directors of the Batavia Players, is enthusiastic about this new venture.

He said, “A dance academy seemed like the next step. Many of our productions need dancers of all ages and yet, there was no performance-based dance company in the area -- all dance studios were designed to provide a recital piece or pieces for their students at the end of the year. We want our dance students to obtain dance skills so they can learn a dance and perform it at any time. It allows us to be skills based and not recital based.”

Classes are not just for current theater participants, but are open all members of the community. Weekly lessons will be offered in Ballet, Tap, Jazz/Contemporary, and Theater Dance, as well as the opportunity for private lessons and one-time master classes on specific dance styles or techniques.  

The Harvester 56 Theater Dance Academy is directed by Rochester native Brianna Blair Kelly. Kelly began her training in Irish Dance and attended the School of the Arts in Rochester. Kelly holds a BFA in Musical Theater from SUNY Fredonia and an MFA in Choreography and Performance from The College at Brockport. Kelly’s connections at the School of the Arts and the College at Brockport have helped her to recruit an array of diverse teachers for the 2017-2018 season.

Instructor Alyssa Bourgeois was born and raised in Houston and will be getting her master’s in Choreography and Performance from the College at Brockport in the Fall of 2017. Instructor Kaitlyn Owens is also a Rochester School of the Arts graduate and is currently a sophomore BFA dance major at SUNY Brockport. Instructor Tatiana Amaye-Obu hails from Brooklyn and brings with her extensive training in Classical Ballet but is also well versed in Hip-Hop and African Dance. 

Kelly said, “I’m very excited and proud to be starting the Harvester 56 Dance Academy. It’s thrilling to know that we are establishing a creative environment that offers a new kind of dance education -- hopefully it will become the go-to place for comprehensive, supportive and affordable dance education for Batavia and the surrounding areas.”

More information about the academy can be found online at bataviaplayers.org.

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