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Juveniles trying to get on the roof of Kohl's

By Billie Owens

Two juveniles are reportedly trying to get on the roof of Kohl's Department Store on Veterans Memorial Drive in Batavia. Mall security notified the dispatch center and law enforcement is responding.

Accident with injuries reported on Alexander Road, Batavia

By Billie Owens

A two-car accident with injuries is reported at 9169 Alexander Road, Batavia. There is one person complaining of dizziness. The location is near Pike Road. Town of Batavia Fire Department is responding along with an ambulance from Bethany; no other ambulance service is currently available.

Photos: Batavia basketball camp

By Howard B. Owens

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The region's most dedicated basketball players are in the midst of a six-week basketball camp conducted by Batavia's Head Coach Buddy Brasky and his staff. Today, varsity level players were working at Batavia Middle School and the JV players were at Batavia High School.

There are players participating from every high school in Genesee County, as well as players from Wyoming County and Buffalo.

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Community invited to STOP-DWI night at the ballpark

By Howard B. Owens

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Press release:

Come on down to the Batavia Muckdogs game and enjoy a safe summer night with us! STOP-DWI Night at the Ballpark is happening on Friday, Aug. 4, gates opening at 6 p.m. The Batavia Muckdogs are playing the Williamsport Crosscutters. Genesee County STOP-DWI and the Genesee County Youth Bureau are hosting this family event.

The first 300 youth under the age of 16 get in free and there are Muck Bucks given to the first 200 youth to use toward items in the ballpark. There are an additional 500 giveaways and prizes for everyone. Fun and interactive education booths and displays will be on hand. Participating agencies include the Sheriff’s Office, City Police, Le Roy Police, Probation, the Genesee County Youth Bureau and Genesee County STOP-DWI.

A grand prize giveaway, a youth bike, sponsored by Adam Miller Toy and Bicycle will be on display and drawn that evening. So join us for a great night at the ballpark and the Friday night fireworks!

Sponsors that are helping make this event possible include: Genesee County Sheriff’s Department Assoc., NYS Assoc. of Chiefs of Police, UMMC, Batavia Police Benevolent Assoc., Le Roy Moose Family Center, Batavia Lions Club, Western NY Assoc. of Chiefs of Police, GCASA Prevention, Red Osier Landmark Restaurant, Polish Falcons Nest, Gerace Realty LLC and Tops Friendly Markets.

Pictured above: Matt Landers, STOP-DWI coordinator; ; John Roche, owner of Adam Miller Toy and Bicycle; and Jocelyn Sikorski, STOP-DWI Board chair, and Chelsea Green with the Genesee County Youth Bureau.

Farmers Market Coupons still available for low-income seniors at Office for the Aging

By Billie Owens

Farmers Market Coupons are still being distributed at the Genesee County Office for the Aging, 2 Bank St. in Batavia. Please have ID as proof of age must be provided; family members CANNOT pick up coupons for you.

Booklets are available to adults age 60 years and older who are income-eligible. 

Income guidelines for 2017 are: household of one $1,860 per month; household of two $2,504 per month; and, household of three $3,149 per month.

Maureen Estabrooks, Office for the Aging’s coordinator for the program, noted that, “It still remains, that anyone 60 or older in a household may receive a coupon booklet as long as they are income eligible. This means that in a qualifying household, multiple individuals may receive booklets. This program is a wonderful way to help older adults with limited income to purchase healthy fresh produce from our local farmers.”

They can be used at the Downtown Public Market in Batavia and at the Le Roy Farmers' Market.

Questions may be directed to the Genesee County Office for the Aging at 585-343-1611. 

GO ART! announces plans to serve beer and wine, along with a full year of shows and events

By Howard B. Owens

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For more than 100 years, there was a bar serving drinks at 201 E. Main St., Batavia, and GO ART! is looking forward to reopening the bar once the art council's application for a liquor license is approved.

"We're really excited because of our use of the old Batavia Men's Club," said Gregory A. Hallock, executive director of GO ART. "I can't wait till it's midnight and there are people walking on the street because the City applied for a DRI grant and they're hoping to get $10 million to do some arts and cultural stuff.

"So they're going to get that grant and people will be walking down the streets and they're coming here at 11:30 at night to get a glass of wine and walk around looking art. I'm really excited to have that happen."

Hallock made his announcement during GO ART's inaugural media dinner, with catering donated by Red Osier Landmark Restaurant, last night at Seymore Place.

The liquor license is just for beer and wine, but Hallock is working with an old friend, a bartender in Hawaii, to create cocktails that use beer and wine.

"We're actually going to have mixed drinks and we're going to have the bar open and we're putting in to open our back ally way," Hallock said. "It's going to be a beer garden so people can just hang out. It's just going to be incredible."

To start, the bar will just be open on weekend evenings.

Hallock's other big news of the night was an announcement of a planned showing for photographer Ryan Gustman. Hallcock discovered Gustman's working during the Sprout Film Festival and wanted to feature his work locally. Gustman has autism. He's from Winston-Salem, N.C. He also happened to be in town this week because he's doing a new series of photographs in Rochester and Buffalo.

Gustman specializes in art photos of old, decaying buildings (below, the video about him that was part of the Sprout Film Festival).

Through his discovery of photography and abandoned buildings, Gustman has found a way to focus and better manage his autism. Since then, he's been able to move out of his parents' home and take a job in IT with a company in Winston-Salem.

The process started when Gustman wandered into an abandoned building and sat for 30 or 40 minutes watching old lead paint fall from a ceiling like snow.

"There was this utter silence and I found out with the silence that I can actually calm down," Gustman said. "I'm not sure you understand how the autistic mindset works. There's always something clicking and everything --  that sounds a little crazy -- and normally and you can't basically focus. I was able to calm down and I took that feeling and I started taking pictures with it."

Hallock said he's hoping to draw wide attention for the show, bring in other autistic artists at the same time, and Gustman said he wants to use his newfound notoriety as a photographer to help other autistic artists.

"There's not enough programs or creative avenues for people with autism," Gustman said. There are plenty of classes you can go to for 30 minutes. But then there's nothing to show. So I'm trying to use this platform reaching out and actually helping these people."

That show should be in September.

Hallock also laid out a series of ambitious plans for the coming year, from a 1940s themed Picnic in the Park, more member shows, including one with theme of "Guilty Pleasures," a tea for children, a puppet show, a show by local artist Sean Madden (who has a regional following), and a return of the popular juried art show (which got 130 entries in its first year this year).

He's also very ambitious about what to do with Seymore Place. His goal is to get art on every wall.  

There are currently two shows at Seymore Place, one by Mary Ann Fritz, from Delavan, of her work of painted and sewn cloth, and Stacy Kirby's show of en plein air paintings and illustrations.

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Mary Ann Fritz

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Ryan Gustman

Sponsored Post: Register today for the annual Golf Against Cancer Golf & Bocce Tournament

By Lisa Ace


Golf Against Cancer Golf & Bocce Tournament will be held at the Batavia Country Club on Friday August 18th, 2017. An 18-hole course has a links type flavor to it with it's wide fairways and large, undulating greens.

The watered fairways provide an even test of golf for all levels of skill. You'll love the scenic panoramic views you will be afforded during your round, especially on the back nine where you can enjoy a breathtaking vista of the entire course.

For the golf tournament: this is a 4-person scramble tournament. Hole-in-One prizes on all par 3 holes. Putting contest. Mulligans (can be used anywhere EXCEPT Par 3 holes) and Skins available for purchase at event.

While foursome registrations are encouraged, individual registrations are permitted. Entry fees ($95/Golfer) includes: Greens fees, cart, lunch, dinner, prizes, and loads of fun!

For the bocce tournament: Entry fees ($50/player) includes: bocce, lunch, dinner, prizes and a ton of fun!

Sponsorship Opportunities: If you, or your business would be interested in sponsoring this event, please contact the GCA office at (585) 345-0417. For more information, visit our site

State Police history on display where it started, Batavia Downs

By Howard B. Owens

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The first troopers to deploy in Western New York was in Batavia's Exhibition Park in September 1917, so Al Kurek thinks it's appropriate that displays celebrating the 100th anniversary of the New York State Police be held at the same location, now known as Batavia Downs.

"I started collecting historical memorabilia after I retired in 1990 and I've been doing it every day since then," said Kurek, who lives in East Pembroke. "This is our 100th anniversary and we have an active retired trooper organization in Batavia.  We meet monthly and we decided to put this together as our last hurrah before we hit, oh, I don't know what you want to call it, but, you know, we're all in our 70s and pushing 80s."

There are vintage patrol cars, motor cycles and uniforms on display, as well as the accouterments of the trade, from billy clubs, pistols and handcuffs to crime scene cameras and forensic tools. There are also historical documents, including photos and info on every trooper to work in Troop A.

"We've got videos and memorabilia from the 66 and 77 snow storms, Kurek said. "We have a little bit on the Attica riot. We have the 3407 plane crash in Clarence, the 1980 Olympics, which everybody kind of likes. We've got a canine that will be here today and tomorrow -- nothing on Saturday -- but we have a German Shepherd here on Sunday."

The exhibition is open today, tomorrow and Sunday from noon to 6 p.m. each day.

Kurek also invited troopers and their families to bring in any items related to the history of Troop A.  

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Hawley hosts two downstate legislators on tour of district

By Howard B. Owens

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Assemblyman Steve Hawley hosted a tour of his district yesterday for two down-state legislators, Assemblyman Michael Cusick (green shirt) and Assemblyman Micheal Fitzpatrick (dark shirt next to his small son), including a visit with Jeff Post (gray shirt) at Post Farms in Elba. Also pictured, Barry Flansburg, a member of Hawley's staff.

The tour also included stops at the NYS vets nursing home,  O-AT-KA  Milk Products, Oliver's Candies and the Orleans County Fair.

Ending of History Heroes Summer Program celebration

By Jack Keenan

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The History Heroes program at the Holland Land Office Museum held its annual penny carnival on Thursday. Children participating in the summer program were able to set up their own carnival attractions and then play the games together.

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Local unite@night Walk Offers Hope to those Affected by Neurological Disorders

By Steve Ognibene

A local unite@night fundraising walk will be held tomorrow Saturday, July 29th with registration starting at 6:00 p.m and a 1 mile casual evening walk starting at 7:30 p.m. at the Kiwanis Park on West Main Street Road in Batavia.  There will be a Silent Auction and more than 100 items/baskets that will be raffled off.  

Rachel Fisher, local unite@night walk chairperson explains why she organizes this event.  “My daughter Maire, who is 5 years old, was diagnosed with a Chiari malformation and syringomyelia in 2014 and hydrocephalus in 2017.  In December 2014 Maire underwent a 6-hour brain surgery to help reduce the effects of the Chiari malformation and syringomyelia.  Surgery is not a cure and she will have annual neurosurgical appointments for the rest of her life.  Each day brings a new challenge as these conditions affect how her body responds to things like the weather, noises, light, and physical activities. 

My daughter and our family would really appreciate your support as we strive to find answers for individuals living with these disorders.  The goal is to help them live better, more pain-free days while raising awareness throughout the medical and lay communities.”

This walk is one of many around the country that will provide awareness, support, and important funding for the education and research programs of the Chiari & Syringomyelia Foundation (CSF).  Chiari (kee-AR-ee) is a malformation in which the back compartment of the skull is too small, causing the lower part of the brain to hang down into the spinal canal, which prevents cerebrospinal fluid from flowing properly, causing a wide range of symptoms. Syringomyelia (sear-IN-go-my-EEL-ya) occurs when a cavity, or “syrinx”, is formed inside the spinal cord from fluid build-up. A syrinx may injure nerves, causing pain that is hard to manage medically.

Currently, the only treatment for Chiari and Syringomyelia is highly invasive and expensive surgery. There is no cure.

If you want more information or to register, visit: http://unitenight.kintera.org/Batavia  You can also contact Rachel directly at rachel.fisher1980@gmail.com or 585-300-3159.

Collins bill for volunteer firefighters continues to move through legislative process

By Howard B. Owens

Press release:

Congressmen Chris Collins (NY-27) and Bill Pascrell (NJ-09) authored a bill that would require the CDC to develop and maintain a registry to collect data regarding the incidence of cancer in firefighters, which today advanced through the Energy and Commerce Committee. This piece of legislation addresses an enormous gap in research conducted on the heath impacts of a career of firefighting. Firefighters may experience detrimental health effects due to smoke inhalation and other harmful substances, and this legislation takes a first step toward developing new protocols and safeguards for these men and women.

“Firefighters are some of the bravest among us and more needs to be done to keep them safe,” said Collins. “This legislation has the potential to lead to methods that save the lives of the courageous men and women that keep our communities safe. I’m humbled by the strong bipartisan support we have received and look forward to getting this bill on the House floor.”

“When the brave men and women in the fire services enter dangerous situations they do not stop to ask whether they are subjecting themselves to long-term health risks. They do whatever is necessary to keep our communities safe. That is why we must have their backs," Pascrell said.“According to the Centers for Disease Control and Prevention, on average firefighters are at higher risk for certain kinds of cancer when compared with the general population. Further public health research on this topic is needed so we can start working to find ways to alleviate this risk. That is why I am thankful Representative Collins and Pallone brought up the Firefighter Cancer Registry Act in the Energy and Commerce Committee today and look forward to passing it on the House floor.”

A 2015 study by the National Institute for Occupational Safety and Health found that in the U.S. firefighters had a greater number of cancer diagnoses and cancer-related deaths. Unfortunately, this study was limited in scope by a small sample size, yet the proposed legislation would establish and improve collection infrastructure and activities to collect a greater abundance of data.

The next step for the bill to become law is the passage on the House floor. For more information on the Energy and Commerce Committee hearing, clickhere. To read the text of H.R. 931, Firefighter Cancer Registry Act, click here.

Photo: River Street Bridge is gone

By Howard B. Owens

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Two giant cranes lifted away the deck of the River Street Bridge tonight as part of a reconstruction project for the bridge spanning the Tonawanda Creek. 

Unfortunately, during the time the cranes were doing the work, I couldn't stop because I had else I needed to be and by the time I got back, the work was done.  If anybody took any good pictures, please send them to howard@thebatavian.com and I'll add them to this post.

New Dunkin' Donuts will power up electric cars for free

By Howard B. Owens

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At the new Dunkin' Donuts on West Main Street, Batavia, you can get a free charge, if you have an electric car, to go with your morning jolt of coffee.

This is apparently a trend for Dunkin' Donuts with a few popping up around the country.

The charging station is listed on PlugShare -- a listing that might encourage drivers of electric cars to exit the Thruway in Batavia if they're a little low on energy.

Drivers beware: Goats ambling on Sumner Road

By Billie Owens

A Genesee County Sheriff's Deputy is responding to the area of 1044 Sumner Road, Darien Center, for a report of goats in the road.

UPDATE 2:10 p.m.: A deputy is on scene. He asked whether the animal control officer was responding and was told she was on another animal complaint. Subsequently, she cleared and said "I'm available for any goat calls." She asked the deputy is she's still needed out there and he said yes because "I can't fit all seven (goats) in my car."  She asked if the owner was there. And he said he's been asking the goats and "all they say is the same thing 'baaah'. " She replies that that might mean 'no' in goat speak. The animal control officer is on her way to Sumner Road.

UPDATE 2:48 p.m.: The animal control officer is once again having a very busy day. Now she's wanted on Overlook Drive at the Country Meadows Trailer Park for the report of a 14-year-old who was bitten by a stray cat. But alas, "I can't right now, I'm stuck in the driveway at the goat house," she tells a dispatcher, who will call for help for her as needed.

UPDATE 2:54 p.m.: She's clearing "the goat house" and able to leave for Overlook Drive. She says the goat owner has been given pointers with regard to fencing to resolve the problem so the goats stay put.

Attorneys: NY farmers can file for damages against Swiss corn seed producer

By Mike Pettinella

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Farmers in New York State are being advised to take legal action against a Swiss agrochemical company that is being accused of mishandling the marketing of its genetically modified corn seed.

“New York farmers have been ripped off,” said attorney M. Scott Barrett, an Albion native who is a partner in Barrett Wylie LLC of Bloomington, Ind.

Barrett and Albion lawyer Conrad Cropsey are part of a four-attorney team available to represent New York corn growers who may have been affected by circumstances surrounding the 2010 rollout of the Agisure Viptera corn seed developed by Syngenta AG.

Ken Walsh of Mount Kisco and John Jernigan of Brewton, Ala., are the other lawyers handling New York cases.

Litigation against Syngenta, which was acquired by China National Chemical Corp. in June for $43 billion, began in 2014 – four years after Syngenta began marketing the corn seed.

The problem, Barrett said, was that Syngenta failed to get Chinese approval of the seed, which contained the MIR 162 GMO seed trait.

“China ultimately detected MIR 162 in U.S. corn shipments in November 2013 and, as a result, China, then the third-largest U.S. corn export market, embargoed all U.S. corn -- thereby driving down corn prices and damaging American corn producers,” Barrett said.

“The U.S. corn market has yet to fully recover, nor is it likely to do so anytime soon because after the U.S. corn ban in 2013, China entered into long-term contracts with a number of South American producers.”

Syngenta’s inability to obtain approval by China and alleged misleading statements about when the seed would be approved prompted farmers to file a class action suit in Kansas City, Kan.

Since then, a federal judge dismissed the suit, leaving farmers in all but nine states -- Arkansas, Illinois, Iowa, Kansas, Minnesota, Missouri, Nebraska, Ohio, and South Dakota – without a national class action protecting their legal rights. The nine states mentioned can proceed via state law class actions.

Cropsey said farmers in other states, such as New York, have the right to file individual cases.

“We are working principally in the GLOW region and have a couple of signed clients in Suffolk County and Niagara County,” Cropsey said. “Farmers only need to sign a contract. We will handle all the paperwork and file their cases in Williamson County, Illinois court.”

Cropsey said the opportunity to file individual cases is open to all New York corn producers who grew and sold corn for market at any time after 2012.

“It makes no difference whether they purchased Syngenta seed or a competing brand such as Pioneer or DeKalb,” he said. “All of them have been damaged no matter what brand(s) of seed they purchased.  Nor does it matter whether the corn was sweet corn or field corn.”

Barrett recounted the litigation against Syngenta in three phases:

-- The one-count national class action, based on the federal statute known as the Lanham Act (which since has been denied);
-- A Minnesota state class action filed in state court in Minnesota;
-- Thousands of individual, non-class cases filed in both the Kansas and Minnesota courts as well as a state court in Williamson County.

“The three judges from Kansas, Minnesota, and Illinois have appointed a Special Master to work with the parties towards settlement on a parallel track with 48 test-case trials selected by the federal court in Kansas. This is being done to establish liability and damages parameters that will inform the settlement discussions,” Barrett said.

In an encouraging sign for farmers, the first Kansas test case trial last month ended with a jury verdict of $217 million in favor of the certified class of Kansas corn farmers.

“The Kansas class asked for $217 million in actual damages and that is exactly what they received -- no punitive damages were awarded,” said Barrett, adding that it took the jury less than a day to render its verdict.

A second test case trial, this one involving a single Nebraska plaintiff, was set to start on July 10 in Minneapolis, but a confidential settlement was reached four days earlier.

The third test case trial, this one involving the certified class of Minnesota corn farmers, is scheduled for mid-August in Minneapolis. The certified class of Minnesota corn farmers is seeking actual damages in the range of $600 million.

According to published reports, Syngenta lawyers are disputing the farmers’ claims of damages and are denying the company did anything wrong – noting that the seed wasn’t sold until U.S. approval was obtained and that it didn’t need China’s approval.

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For more information about the litigation, contact Cropsey (photo above) at 585-589-9400.

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