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Batavia Downs sets records with weekend of events and gaming

By Press Release
Batavia Downs 2022
File photo

Press release:

Batavia Downs gaming operations had a record-setting weekend from February 2-4, with more than $14 million in credits played at its gaming facility, according to Dennis Bassett, Chairman of the Board of Western Regional Off-Track Betting Corp. and Henry Wojtaszek, President & CEO of the organization.

“In a highly competitive market for not only gaming dollars but overall entertainment spending, consumers are time and again choosing Batavia Downs,” said Bassett.  “It is clear our marketing efforts that show our venue as the best value and best gaming experience in the region have been successful.  The numbers don’t lie.”

The facility reported $14,048,499 of "coin in" or credits played on its gaming floor. That was nearly 5 percent more than $13.379 million the facility took in during the 2023 New Year’s Eve weekend.

Wojtaszek pointed to several factors, including the facility hosting back-to-back sold-out BBQ and Bourbon events on Feb. 2 and Feb. 3, which drew over 240 people inside its events center.  Local Band Highway 31 played to a packed 34 Rush Sports Bar on Saturday night.  Sunday’s Cookware giveaway promotion saw more than 775 guests claim the item. The 84-room hotel was sold out all weekend, while good weather and no football playoff games gave plenty of opportunity to those seeking some fun over the weekend.

"As I walked our gaming floor this weekend, it was clear that a lot of the turnout was from word of mouth, as many patrons told me they had heard great things about Batavia Downs and had been wanting to check it out,” said Wojtaszek.  “That type of grassroots publicity is invaluable in raising the recognition of our brand.”

The busy weekend stands as a snapshot of how Batavia Downs has become a major regional draw and destination, not only creating a business within the venue but also a spin-off business for the Batavia economy.

Other weekend highlights include:

  • Attendance of nearly 11,000
  • Net Win was $1,023,184.21
  • The New York State Education Fund, via the State Gaming Commission, received $501,360, which is 49% of the Net Win.
  • The  "Purse Fund" that supports on site racing operations received $102,381.  Batavia’s Winter Racing meet has set several records in handle this year already.

“Over the last five years, we have been on a path of significant, consistent growth,” said Bassett.  “When we make strategic decisions, like buying the hotel or launching a concert series, we do so with future growth in mind. You are seeing the tremendous results from that long-term planning. I think this tells everyone we are doing things the right way.  As the weather clears and our events schedule picks up, we look forward to generating more revenues for our member municipalities and the state’s education fund.”

Tenney bill could help maintain and preserve Upton Monument, and war memorials throughout nation, for generations

By Howard B. Owens
claudia tenney upton monument
Rep. Claudia Tenney, at the site of the Soldiers, Sailors, and Marines Monument in Batavia.
Photo by Howard Owens.

Take any object -- a house, office building, highway, bridge, car -- all will eventually fall apart if not properly maintained. 

The same is true of war memorials, the monuments communities erect to honor their war dead and help tell the history of their hometowns.

Rep. Claudia Tenney has co-authored a bill she hopes will help communities preserve those sacred monuments so the legacies they are meant to honor live on well after we're all gone.

The Remembering Our Local Heroes Act, co-sponsored by Rep. Chris Pappas from New Hampshire, allocates $2 million a year over five years that will act as matching funds for community groups to mount efforts to preserve war memorials as well as monuments honoring those who served in law enforcement and fire services. 

If a community group, such as a veterans group or a Boy Scout troop, can raise $10,000, for example, the group can apply for a grant of up to $20,000, which would result in a total of $30,000 for the project. If $150,000 is needed for the project, the group would need to raise $50,000.  The maximum federal grant under the bill, which is still pending in committee, would be $100,000 per project.

"We really would love to be able to do this," Tenney said. "There are so many areas where you go to, especially throughout my district, where you see these beautiful old monuments, including your Soldiers, Sailors, and Marines Monument that you have here, the Upton Monument, that could definitely be upgraded and cleaned and maintained. A lot of these monuments really aren't being maintained, especially the monument for our heroes."

Tenney stopped in Batavia on Saturday to visit the Upton Monument and discuss her bill with The Batavian.

"This (bill) would allow the federal government to participate in helping maintain veterans memorials and remembering local heroes," Tenney said.

In order to unlock access to the federal grant, all of the money to preserve a monument would need to come from private donations. Local governments could not help fund the project.

The bill combines twin interests and passions for Tenney, recognizing the sacrifices of those who have served their nation and their communities, and history. During the interview, she talked a good deal about Upstate New York's rich history and its contributions to creating the nation during the Revolution, the abolitionists of New York who helped free the slaves, most notably with the Underground Railroad, but also leading figures Frederick Douglas and Harriet Tubman, and New York's efforts to preserve the union during the Civil War and its role in the War of 1812.

"I brought Burgess Owens (to New York), who is a Republican, former football player, a Black Republican, whose hero is Harriet Tubman, his whole life, and he never knew that Harriet Tubman had a house in Auburn," Tenney said. "So I brought him in, and we went everywhere. He was amazed. We did the full tour. We went to all the different sites. And he was like, 'Wow, I can't believe this.' You know, we have such a rich history."

The germ of the bill began when Tenney served in the New York State Legislature, and she learned that Vietnam Veterans often have a hard time unlocking support that's available to other veterans groups because of the lingering controversies of that war.  During that time, she visited a group that wished to build a Vietnam memorial, but they couldn't access federal funds.  When she was first elected to Congress, she introduced the first version of this bill designed to allow any community group that takes on the task of ensuring local heroes are appropriately honored to tap into a small pot of federal funds to assist the effort.

"We (New York) were critically important in all the wars, whether it's the Revolutionary War, the Civil War, the War of 1812," Tenney said. "I think it's important that we know our history."

The Upton Monument was dedicated in August 1919 (see the 100th-anniversary documentary produced by The Batavian embedded below), with construction funded by donations and contributions from the city of Batavia and Genesee County.  It was constructed by Wardon Monuments, a company that built monuments throughout the northeast, including Gettysburg, and had its headquarters on Evans Street in Batavia.  Officially, it is the Soldiers, Sailors, and Marines Monument, but it carries a bronze statue of Civil War hero Gen. Emory Upton, who was from Batavia.

At 105 years old, it shows some age -- discolored bronze and cracks in the stone, including a large chunk of granite missing from the base.  There has been no known effort over the past several years -- and The Batavian has made inquiries -- among either private groups or the county government to take steps to ensure it is maintained and preserved.

That isn't unusual in her NY-24 district, Tenney indicated, because local governments are so cash-strapped these days.

On Memorial Day and Veterans Day, Tenney said she often goes for a ride on her motorcycle through the district and will stop at various memorials along her route.

"I'll drive around to the monuments and just kind of place a little flag or just kind of see what condition they're in," Tenney said.  "I did that a couple of years ago, I didn't last year, but I did that, and it was just really interesting to see how many people actually do care about what's in their community. But there's no money, and all these local governments are strapped with unfunded mandates from the state and all these other issues, so we have this as something that is supplemental."

When we remember our history, Tenney noted, it binds us to our community and it teaches our children the value of their community.

"If you don't remember the people who really founded your community, the principles that it was founded upon and that people actually served, died, sacrificed, lost life and limb, I think that really sends a message," Tenney said. "We want to send a message to our young people that their community is worth something and that they should be proud of their community, of the people that founded it."

Remote video URL

Photos by Howard Owens.

claudia tenney upton monument
claudia tenney upton monument
claudia tenney upton monument
claudia tenney upton monument

Lead, wastewater analysis and grant programs all part of GO Health annual report

By Joanne Beck

Public Health Director Paul Pettit took a deep breath before launching into his annual report for Human Services Committee members Monday, covering everything from lead and radon poisoning to drug and virus wastewater analysis, skyrocketing preschool transportation costs, and some good news for Genesee and Orleans counties’ accreditation progress.

The  GLOW-based health department will be working from a $1.3 million grant for the next five years to detect homes with radon, mold and lead and remediate them for safer, healthier places for families — children in particular — to live. 

That program adds to a heavy advertising initiative to educate folks about the potential presence and dangers of lead in older homes. The department uses technology that can evaluate paint layer by layer — even six and seven layers deep — to sense if there is lead present, Pettit said. 

“Do you get a lot of calls to do this?” Legislator John Deleo said.

“We do,” Pettit said, underscoring that by telling the group there were 31 cases of children this past year with elevated blood levels of lead. 

The warning level has been a five, which the Centers for Disease Control just lowered to 3.5, he said. New York State has yet to catch up with that rating.

“New York State has not adopted that yet. But that is under discussion and consideration. If it does, that will increase the potential action in need, you know, for kiddos that may be poisoned, and we’ll need to go in and do more work within the homes,” he said. “So basically, if it's above five, we provide education information, but we don't really get involved from the action level on the environmental, the home side.”

Other funding measures have included a $10,000 grant for radon education, homeowners were reimbursed $145,857 through 2023 for a septic repair program, and a $250,000 grant will go toward a GLOW region interactive healthy neighborhoods program that runs through 2028.

The department also received a federal HUD lead educational and remediation grant of $2,455,000 to be used through 2028, and $248,266 from the Centers for Disease Control for lead education and assistance to homeowners, to be used through 2026; a $95,514 annual Healthy Neighborhoods grant for the city and town of Batavia through 2027; and $131,738 from the CDC for infrastructure, namely for staff retention and development. 

The department has been collecting data from wastewater for analysis about the types and amounts of opioids and various drugs used here and has been doing the same for viruses of COVID, flu, and RSV. The public can actually go online to the health department’s website and see the results of the virus collection to see a resident county's current status. 

When it comes to finances for the department, preschool transportation is taking much of the heat. The bill was $862,000 to bus those kids this past year, and “we will probably be pushing $1 million for busing preschool” this year, he said. Costs for transportation and center programs have been on the rise as an "underfunded mandate," he said.

“One of the drivers that’s really expensive is that more kids get referred.  You probably saw on the governor's proposal, she's proposing a 5 percent rate increase across the board. And then there's a 4 percent rider for rural counties, which we would fall under that bucket. So that'd be a 9 percent rate increase for early intervention,” he said. “And this is one of those programs that, again, we don't have a lot of control over the services that are provided … we do sit at those meetings, we send someone to all the meetings to have a voice, but ultimately it's a full committee decision on what services are provided, and then we are the payer. That's the way the system is set up in New York. You don't get full decision, but we pay the bill locally.” 

He shared enthusiasm for this year’s push to get the department nationally accredited with the Public Health Accreditation Board. (See also GO Health pursues national accreditation.) 

“So it's national standards. We haven't been accredited. We have not. We had about 93 percent of all of our measures fully and partially met in the initial push last fall. So they just want a little bit more,” he said. “We're close. Staff, I think, wants to get there. I want to get there. It's been a long ride. COVID slowed us down. And we're close, I think we'll get there pretty soon.” 

GO Health pursues national accreditation to demonstrate efficiency, best use of public funds

By Joanne Beck
Paul Pettit

Genesee Orleans Health Department has until November to get all of its ducks in a row — an updated strategic plan and quality improvement projects added to some 90 percent of already completed requirements — to obtain state accreditation, Public Health Director Paul Pettit says.

Unlike other states, New York does not require its health departments to be accredited; however, Pettit and his staff have been steadily working toward that end goal as a form of best practices for the field, he said.

“It’s an optional accreditation at the moment, there has been discussion, and there are actually some states in the country that do require it. So Ohio requires all of their local health departments to be accredited. New York has looked at it, they have not made that a requirement yet, so currently, it is still optional,” Pettit said after delivering a similar message during the county’s Human Services meeting. “But we looked at this many years ago, and had discussions with the Board of Health and determined that this was a worthwhile endeavor, that, again, by gaining efficiencies and meeting certain metrics and standards, similar, like a health system or other type of agencies, it shows that you're using the public resources and dollars and making sure you're using them the best you can to deliver public health services.”

The department met around 90 to 93 percent of the requirements last year, and were told they needed just "a little bit more," Pettit said. So staff is back at it, with intentions to come back armed with more documentation and projects to resubmit for a hopeful approval in 2024.

And will this increase your opportunities for funding?
“Well, it does. I mean, so one of the things that we've really been, you know, pushing, is that, when you are accredited and you have that recognition, obviously, funders want to know, do you have systems in place? Do you have those partnerships? Are you using those resources appropriately, so when you're accredited, it basically shows that you are and that you've proven that you are, so it is something that you're starting to see more of, some grants,” he said. “Even putting that in there, are you an accredited health department, those type of things in New York State, one of the incentives, or the performance incentive funds this year, if you're accredited or working on accreditation, you're getting a little extra money, those type of things. So there are ways they're trying to encourage and or reward that process.”

There are 17 accredited health departments in New York, with the closest one being in Livingston County. 

The Public Health Accreditation Board oversees the accreditation process. There are 10 essential public health services, according to the organization’s materials:

  • Build and maintain a strong organizational infrastructure for public health;
  • Assess and monitor population health;
  • Investigate, diagnose and address health hazards and root causes;
  • Communicate effectively to inform and educate;
  • Strengthen, support and mobilize communities and partnerships;
  • Create, champion, and implement policies, plans and laws;
  • Utilize legal and regulatory actions; 
  • Enable equitable access;
  • Build a diverse and skills workforce; and
  • Improve and innovate through evaluation, research and quality improvements. 

Pettit’s department plans to work on remaining projects that will be put together with an application and submitted later this year, he said, as “about 90 to 93% of all of our measures are fully or partially met, which is what you need to be able to be accredited.”

“We're resubmitting some of the documents and updating ones, and we're working on that over the next six months, and then we'll go back in for the final decision,” he said. “We have ’til November to get it all in because it gives you a year to be able to put those documents together and put it in, but we expect to have them all uploaded prior to that. So we're looking forward to hopefully a good decision probably in early fall.”

Sales of Phil Pies' bobblehead raises $2,500 for Crossroads House so far

By Howard B. Owens
phil pies bobblehead max pies crossroads
Phil Pies, Debbie Paine, and Tom Finn.
Photo by Howard Owens.

The Furniture Man's official bobblehead has been a hit, helping Max Pies Furniture raise $2,500 so far for Crossroads House.

Phil Pies, whose head bounces on the bobblehead, presented a check on Monday to Tom Finn, the Crossroads House board of directors president, and Debbie Paine, house manager.

There are still bobbleheads available at Max Pies, which is located at 400 South Jackson St., Batavia.

The bobblehead is a project of Max Pies Office Manager Peggy Cancelmi, who worked with Tom Brown at AdStuff to come up with the fundraising idea.

Previously: Baseball stars and famous furniture men, all eventually get their own bobblehead

phil pies bobblehead max pies crossroads
Phil Pies.
Photo by Howard Owens.

Joseph Graff seeking GOP nomination for Sheriff's election

By Howard B. Owens
joseph graff
Chief Deputy Joseph Graff, Genesee County Sheriff's Office, during the 2023 Stuff the Cruiser event in Batavia Towne Center.
File photo by Howard Owens.

Press release:

Chief Deputy – Criminal Investigation Division Joseph M. Graff will seek the Republican Party endorsement for the 2024 election for Genesee County Sheriff. 

Chief Deputy Graff, 50, has nearly 25 years of experience in local law enforcement in Genesee County.  He began his law enforcement career in March 1999 as a Probation Officer with the Genesee County Probation Department, and in February 2004, was appointed Deputy Sheriff with the Genesee County Sheriff’s Office.  In 2015, he was promoted to the position of Investigator, and in 2017, he was promoted to the position of Chief Deputy – Road Patrol.  Chief Deputy Graff then accepted the position of Chief Deputy – Criminal Investigation Division in 2019, a position he currently holds.  The two Chief Deputy Positions he has held are the highest-ranking administrative positions within the Sheriff’s Office Police Bureau, directly under the Sheriff and Undersheriff.   

Chief Deputy Graff is a graduate of the Niagara County Law Enforcement Academy, where he attended the New York State Division of Criminal Justice Services - Basic Course for Police, receiving his certification as a police officer.  He received the Academic Achievement Award and was also honored with the Joseph E. Steblein Award, which is given to the top overall graduate in the academy class.  Over the course of his career, Chief Deputy Graff has attended trainings that include Interviewing and Interrogation, Criminal Investigations, Use of Force, New York Law Enforcement and the Law - Updates Practices and Procedures, Patrol Interdiction, Advanced Roadside Impaired Driving Enforcement, Child Forensic Interviewing, Advanced Homicide – Violent Crime, National Incident Management, and Police Supervision.

Chief Deputy Graff holds credentials as a New York State Department of Criminal Justice Services Instructor and has served the Sheriff’s Office as an instructor of Aerosol Subject Restraint, ASP/Baton, General Topics, Electronic Control Devices, and Firearms.  He is a member of the Genesee County Threat Assessment Committee and has been a Field Training Officer as well as a former member of the Emergency Response Team. 

Over his career, Chief Deputy Graff has received departmental recognition awards including Officer of the Year in 2007, two Commendations, two Meritorious Service awards, and has also been the recipient of the Kiwanis Club of Batavia Criminal Justice Award.  He is experienced in overseeing the Road Patrol Bureau, as well as criminal investigation operations of the Sheriff’s Office, the Sheriff’s Office budget, equipment purchasing, administration of grants, coordinating departmental training, internal investigations, and selection of new hire personnel. 

Chief Deputy Graff is a lifelong resident of Genesee County.  He graduated from Notre Dame High School and received his Bachelor of Arts degree from St. John Fisher University.  He and his wife, Erin, are proud parents to three daughters, Gabrielle, Gianna and Lila. 

“If endorsed and elected Sheriff, I will continue my commitment to provide a safe, stable, and secure community for the residents of Genesee County.  I look to advance the Sheriff’s Office in step with the future of public safety and maintain the tradition of service from the Genesee County Sheriff’s Office,” Joseph Graff, Chief Deputy.

Sponsored Post: New Listing from Reliant Real Estate - 2333 Angling Road, Pembroke

By Lisa Ace
Reliant Real Estate

NEW LISTING!! LAND FOR SALE!! 2333 Angling Road Pembroke, NY 14036. Great spot to build in the Pembroke School System. This newly divided lot has 2.54 acres and is in a super convenient location to school shopping and thruway. Angling Road is a very pretty, rural country road and gives you quick access to both Rt. 5 and Rt 33. The lot was just surveyed with flags still in ground marking dimensions as well a passing perc test, so you can hit spring running with shovel in hand ready to build! Call Reliant Real Estate today! Call 585-344-HOME (4663).

Larson, Cline, Foss, Cassidy, Allis roll big scores

By Mike Pettinella

Monday and Tuesday leagues produced some big scores last week in the Genesee Region USBC.

At Mancuso Bowling Center in Batavia, Michele Larson of Batavia just missed a 700 series -- posting 201-256-236--693 in the Meyer's RV Monday Night NFL League and Brian Cline of Middleport continued his stellar bowling with 258-245-259--762 in the Mancuso Real Estate Monday Doubles League.

At Oak Orchard Bowl in Albion, Curtis Foss of Medina added another perfect game to his long list of honor scores with 300-204-257--761 in the Sneezy's Monday Night League and Sarah Cassidy of Albion rolled her first 700 series with 285-247-202--734 in the Tuesday Ladies Merchants League.

In the Sunday Rolloffs League at Medina Lanes, Hayden Allis led the way with 278--736, a week after recording a 300 game and 731 series in the Wednesday Community League. Previously in the Wednesday league, Alex Allis of Medina rolled a 298 game and 737 series.

For a list of high scores, click on the Pin Points tab at the top of the home page.

BHS grad feels tug toward home, takes on partner role at Buffalo law firm

By Joanne Beck
alysha-naik

Who would blame former Batavia resident and 2007 BHS grad Alysha Naik for being a name-dropper, having represented Mary Trump in her appeal against former President Donald Trump and several professional golfers during a LIV Golf’s antitrust lawsuit, and perhaps the most notable of all for this area: having been coached in her early legal years by then-Genesee County District Attorney Larry Friedman.

Naik, 34, who was just named partner for Rupp Pfalzgraf and will help the Buffalo law firm plant roots in New York City, credits Friedman and the county’s popular Mock Trial program for sparking her passion.

“I did participate in the mock trial when I was in high school for several years, and Larry Friedman helped coach the mock trial team, and so he really taught me the rules of evidence. And I have so many fond memories of our practices, we would be at the courthouse downtown in Batavia," she said during a phone interview from her Buffalo office. "Mr. Friedman was nice enough to set those up. 

"When I was there, we were undefeated at the local level. We always went to regionals. We did make the regional finals two out of the three years I participated but, I still joke about this, I still think we got robbed and should have been able to go to the state finals in Albany. But, we were very successful. 

"I always tell kids, even if you're not interested in being a lawyer, mock trial is such a great extracurricular to be a part of because it teaches you public speaking and teaches you thinking on your feet, you have to argue both sides of the argument. So when you're on a mock trial team, and you're performing, you know … you have to argue the same set of facts from both sides of the case. And I think that's just such an important life skill because it teaches you how to see the exact same set of facts from different circumstances. So I always tell kids, if you can participate in mock trials, they are really a good activity.” 

During her high school years, Naik also played soccer, basketball, and a little softball, ran track to stay in shape, and played violin, ranking as concertmaster in the orchestra with a diploma from Eastman School of Music. She has stayed in touch with school friends and Friedman, who noted her impressive company bio one time and joked how she hadn’t mentioned mock trials, so one mental note later, she remedied that with an addendum to her bio: 

“I would be remiss if I did not mention the success of my Batavia High School mock trial team, coached by former Genesee County District Attorney Larry Friedman. High school mock trial is where my love for trials, the application of the rules of evidence, and winning against formidable opponents began.”

That beginning led her to a whirlwind career that began at Brown University for her bachelor's degree and then at the University of Michigan Law School. She won the Best Attorney Award at the 2011 American Mock Trial Association National Championship Tournament, was granted a Third Circuit immigration appeal in just her third year as an associate with Latham & Watkins in 2020, and was named a New York Metro Rising Star by Super Lawyers in January 2023. She has played major roles in multi-million and billion-dollar lawsuits.

At a mere 34 years old, Naik has now been named partner, which for a young female of Indian descent, she’s hit the trifecta of representing those minorities that are statistically less often name-makers in a male-dominated field. (According to Reuters, only 11.4% of law firm partners are minorities, and just 26.65% are women.) And others have palpably taken notice, namely women at her work place who have expressed excitement at having a woman partner and role model at the firm. Although she appreciates growth opportunities, Naik is also cognizant of her role and the due diligence it took with each step.

“What I think it reflects about the firm, which is part of what attracted me to Rupp Pfalzgraf, is that they themselves, think outside the box -- their entrepreneurial spirit, their creative spirit, they are not hampered by bureaucracy in the same way that I think a lot of these more institutionalized law firms that have existed since the 1800s are. So I think a little bit speaks to the fact that they were open minded about my coming on as partner at a young age, hiring a woman, I think that only speaks to the way that the firm thinks about the profession,” she said. “And so that's really, to me, a positive reflection on them. I think for me, personally, of course, it feels great. If you think about it, just from purely statistical numbers, you can say it's defying the odds, right, you can put it that way. But I think a lot of it is also just hard work and grit. I mean, I'm a hard worker. And so I think there's a lot that goes into feeling proud. I mean, I genuinely don't think I could have worked harder than I did.

“I worked for a few years between undergrad and law school, and since law school, all the jobs I've had before this, I mean, I really worked very, very hard. So it does feel good. In that sense, I feel like my hard work really paid off, my hard work got me a lot of opportunities that I think people my age don't really get. For example, the immigration appeal I mentioned, arguing at the Third Circuit, the only court that's higher than the circuit level is the Supreme Court. So I argued in this very high court, and I was a third year associate, I had only been working for three years. And the fact that my firm at the time was willing to give me that opportunity, it was such an incredible opportunity,” she said. “So I feel like this idea of kind of breaking barriers or punching above my weight or accomplishing things at a younger age, that's very much always kind of been a part of my spirit, I think, throughout my whole career.”

Growing up in a family of doctors — her father is Dr. Ashok, and her mother is Dr. Sue Naik — the medical practice was all Alysha knew until those mock trials came around. Now, she talks about the profession and her zeal for sizing up a case and digging into the facts and the law to “ensure that clients have every conceivable chance of a favorable outcome regardless of the opponent.” she actually doesn’t sound far off from the practice of medicine. Her goal is still to help clients through to a positive outcome, and her legal niches are commercial litigation and civil rights cases.

One might think that Naik is good with an argument, and she agrees that being a great lawyer certainly involves argument, but that’s not the only element for crafting a successful case.

"There's something really nice about advocating for your client, coming up with the best arguments that you think the law allows you to make. You know, I'd be lying if I said I don't love winning, of course, I love winning, I love litigating, there's something really gratifying about a client coming to you with a problem and being able to advocate for that person and get something for them. But what draws me to it is, really, how applicable I think the skills are more worldwide,” she said. “Brief writing, being able to write well, write persuasively, the oral arguments I've done in court, being able to argue persuasively, again, those are all life skills. I mean, being able to even engage in a conversation. You know, listening is such an important skill that lawyers need to have … I think a lot of times people think, well, you know, good lawyers just want to argue all the time, right? Being a great lawyer is actually not about arguing at all; it’s really about listening. Because if you want to be a good lawyer, you have to be able to listen to what the judge is saying, what your clients are telling you, what the witnesses are telling you, what the opposing counsel is telling you, and you have to be able to react to that.”

That Third Circuit case was an example of listening, advocating and presenting the facts in the hope that her client would get a fair shot while in the throes of a deportation case. Notices hadn’t reached the client, and there were questionable versions of the notices and handwritten signatures, Naik said — enough so that she felt he deserved those facts to be presented for consideration. She didn't argue for him to remain in the United States, only that he deserved a fair chance for the facts to be considered, she said. 

In a court with each Obama, Trump and Reagan appointed judges, she won that case by two to one. 

While law is a big part of her life, it’s not the only thing. Naik is a Buffalo Bills fan, and while living in New York City for nearly the last decade, she frequented a Bills-themed bar and this year made it to four games to root for the team during football season. She plans to check out the Buffalo area when not traveling back to NYC and has felt an emotional tug toward Western New York, she said, adding that she wears a Batavia Blue Devils wristband and enjoys visits to Batavia, going to Alex’s Place with sister Priyanka or Eli Fish Brewing Company.

“Maybe six months ago, I just started to feel a pull to spend more time at home. It wasn't really conscious like, I'm gonna move back to Batavia, or I'm gonna move back to Buffalo, it was more just like a feeling that I wanted to be spending more time here,” she said, adding that Adam Brasky works at Rupp Pfalzgraf and suggested that she apply. “And then this opportunity came along, and it really has worked out. “I love New York City. I've been there for so long, but there was just something that was kind of speaking to me, like spending more time at home, and so I'm sure that that's what led me to this job opportunity in some way.”

Photos: Batavia High School hosts annual winterguard competition

By Howard B. Owens
batavia winterguard

Batavia High School hosted a winterguard competition, as it does annually, on Saturday.

Winterguard is the indoor version of color guard, and the teams are judged on the effectiveness of their program, including colors and props selected for the performance, on dance technique, equipment used, and the speed and efficiency of setting up for their performance and removing their set after the performance.

Photos are of Batavia's cadet team. The varsity squad performed later in the evening.

Photos by Howard Owens.

batavia winterguard
batavia winterguard
batavia winterguard
batavia winterguard

Local legislators and education leaders decry cuts to state aid for schools

By Press Release
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Photo of Senator Borrello and (standing behind him, from left to right): Assemblyman Steve Hawley; Patrick Burk, Executive Director of the Genesee Valley School Boards Association; Assemblyman David DiPietro; Kevin MacDonald, Superintendent of Genesee Valley BOCES; Daryl McLaughlin, Superintendent of Perry Central School District; Dr. Kiel Illg, Superintendent of Attica Central Schools.
Submitted photo.

Press Release:

Senator George Borrello and assemblymen Stephen Hawley and David DiPietro were joined today by school officials from districts in Wyoming and Genesee counties to denounce the deep cuts in school aid proposed in the Executive Budget and emphasize the devastating impact they would have on educational programming, staffing, and services in their rural districts.

Joining the state legislators at the press conference were school officials from Genesee and Wyoming counties, including Dr. Kiel Illg, superintendent of Attica Central Schools; Daryl McLaughlin, superintendent of Perry Central School District and chairman of the Genesee Valley Chief School Officers Association; Kevin MacDonald, superintendent of Genesee Valley BOCES; and Patrick Burk, executive director of the Genesee Valley School Boards Association.

Senator Borrello thanked the school administrators for their advocacy on behalf of their district’s students, staff, and taxpayers, noting that these cuts would disproportionately impact rural schools.

“It is disappointing that just one year after touting her administration as the one that finally fully funded the foundation aid formula, Governor Hochul is seeking to unravel that progress by ending the longstanding ‘hold harmless’ protection. That provision has been a lifeline to rural and upstate schools by ensuring their funding would not decrease from one year to the next, even if they experienced drops in enrollment,” said Senator Borrello, 57th District.

“Compounding the loss of the ‘hold harmless ’ standard is a new, lower inflation adjustment that is far below the real costs that our schools are facing. These changes have produced painful funding cuts totaling approximately $11 million for schools across the 57th Senate District,” said Sen. Borrello. 

“For some schools, this could require hard choices about where to save money. It could mean cuts to student programming, extracurriculars, or even staffing. It is also likely to increase costs to our already overburdened property taxpayers,” he added. 

“While our rural and suburban schools are left to struggle to close the gaps left by cuts in aid, the Executive Budget diverts $2.4 billion in state funding to New York City for its self-created migrant crisis. That budget decision speaks volumes about the priorities that now drive decisions in Albany. We are here today to stand up for our rural schools, students and taxpayers,” said Sen. Borrello. 

“The governor's foundation aid budget proposal is an insult to our children and our educational system. By prioritizing funds for illegal immigrants over our schools, Gov. Hochul is sending a clear message about where her priorities lie. Slashing school foundation aid while increasing funding for the mess New York City has created for itself is disgraceful and unjust. Our children deserve better than to have their education sacrificed for political agendas. It's time for Gov. Hochul to reconsider her budget concerns and prioritize the future of our students,” said Assemblyman David DiPietro, 147th Assembly District.

"Governor Hochul seems to have forgotten her promise to ensure foundation aid for local school districts would not decrease from year to year. Our schools should not be forced to sit by while much-needed funding is taken away from them and they're buried in unnecessary regulations. Any state budget that does not put the education of our children first will not have my vote,” said Assemblyman Stephen Hawley, 139th Assembly District.

Senator Borrello noted that Attica Central School District was among those hit with a significant aid cut, with the district slated to lose a total of approximately $540,000 in aid. 

"The proposed cuts to state funding for education would have severe and far-reaching consequences for our students, teachers, and communities in which the Attica Central School District serves. The reduction of approximately $540,000 in aid for the 2024-2025 school year would force us to make difficult decisions, potentially leading to increased class sizes, reduced course offerings, and cuts to vital mental health services that we provide for our students,” said Kiel Illg, Superintendent of Attica Central Schools.

"My greatest concerns were the items excluded from the Executive Budget proposal. Whether by statute, regulation, or community expectations, the responsibilities placed on schools to educate, and raise students have increased dramatically. There must be a thorough study of what it costs to educate a child in today’s New York. Districts are offering community school services without community school funding. There must be recognition of these increased, awesome responsibilities in the form of additional funding. It is only after we have conducted this study that we may begin collaborating on a sensible solution for education funding with a common sense timeline for implementation,” said Daryl McLaughlin, Superintendent of Perry Central School District.

“As New York State sits on a surplus of approximately $8.7 billion dollars (Politico Feb. 1), the Governor says many school districts must severely diminish their reserves to address the "Hold Harmless" provision that was created by NYS. Amid significant outmigration and reduced student enrollment, New York needs to engage in the challenging work of developing a fair and equitable formula that not only takes into account the enrollment, but the needs of those enrolled. Injecting common sense into this conversation would avoid devastating cuts included in the Governor's budget that were announced only months prior to districts needing to finalize their budgets. My colleagues and I are prepared to engage in conversations that produce common sense solutions and allow for appropriate planning to implement sound fiscal policies that may come as a result of an updated formula, all while continuing to provide a robust and equitable program of study for the students of New York State,” said Kevin MacDonald, District Superintendent of Genesee Valley BOCES.

“It is imperative that our rural schools, these incredible schools in upstate New York, are not impacted by this significant loss of revenue. Each day our districts are required to continually provide much-needed services to our students, families, and rural communities. It is my hope that Albany will listen and fully fund those needs. A reduction in aid will only hurt upstate rural communities,” said Patrick Burk, Executive Director of the Genesee Valley School Boards Association.

Senator Borrello concluded: “Rural schools have been on the losing end of the foundation aid formula for many years, and a new, more equitable model is sorely needed. However, in eliminating the ‘hold harmless’ standard, the Executive Budget has unfairly targeted our rural schools. This inequity must be addressed and the funding restored. That will be our mission as the budget process moves forward.”

Batavia Business and Professional Women’s Club accepting applications for annual scholarship and service awards

By Press Release

Press Release:

The Batavia Business and Professional Women’s Club is announcing its Annual Scholarship and Community Service Awards and calling for applications.

Scholarships are open to all Graduating Seniors (male or female) in Genesee County High Schools and the Genesee Valley Educational Partnership (GVEP). The students need to have maintained an 85% average and must complete the application process available through the Batavia Business and Professional Women’s Website https://bataviabpw.wordpress.com/scholarship or via Facebook.

All schools in Genesee County and GVEP have been emailed information on this program, which includes eligibility requirements, guidelines, and the scholarship application. Parents and students are advised to seek out their school’s guidance counselor/department to receive the needed information.

The Batavia Business and Professional Women’s Club has provided scholarships since 1961. The number and dollar amount of scholarships awarded are dependent on the club’s annual fundraisers. Local community support is greatly appreciated; watch for upcoming event announcements. The Batavia Business and Professional Women’s Club will also offer monetary Awards for Service Groups in June 2024. Any Service Group in Genesee County may apply for this by sending a letter of request on your organization’s letterhead.

Deadline for both the Scholarship Applications and the Community Service Awards letters are to be postmarked by Friday, April 12.

Batavia Business and Professional Women’s’ Club P.o. Box 1778 Batavia. Please contact Peggy Johnson with any questions at 585-409-8769 or email pjohnson0048@gmail.com.

Pembroke beats Barker at GCC 67-43

By Staff Writer
pembroke basketball

Pembroke topped Barker on Saturday at Genesee Community College in the Genesee vs. Niagara Basketball Showcase by a score of 67-43.

For the Dragons, Tyson Totten scored 35 points. Avery Ferreira scored 12, and Sam Pfeiffer scored 10.

"I was very pleased with our defense in the second half, holding them to 17 total points," said Coach Matthew Shay.

Photos by Jennifer DiQuattro

pembroke basketball
pembroke basketball
pembroke basketball

Byron-Bergen picks up win in tournament at GCC

By Staff Writer
byron bergen basketball

Byron-Bergen beat Avoca-Prattsburgh 59-53 on Saturday as part of the Genesee vs. Niagara Basketball Show at Genesee Community College.

Colin Martin scored 16 points, Brandan Pimm scored 13, Braedyn Chambry scored 12, and Brody Baubie scored nine.

Photos by Jennifer DiQuattro

byron bergen basketball
byron bergen basketball
byron bergen basketball

Batavia resident sustains life-altering injuries in skiing accident, friends stepping up to assist

By Howard B. Owens
JT Turnbull
JT Turnbull

JT Turnbull, a lifelong Batavia resident, was seriously injured in a skiing accident on Jan. 27, and his friends have stepped forward to help raise money to assist him once he's released from the hospital.

Turnbull, who sustained a broken back in the accident, may never walk again.  He is likely paralyzed from his waist down.

He is expected to be at Erie County Medical Center for four to six weeks, undergoing treatment and physical therapy.

Once released, his home will require modifications to make it more accessible. 

Friends have established a fundraising effort on GoFundMe, and according to the page, Turnbull lost his skis and hit a pole, slamming into it backward at 40 mph.  He had disks in his back shattered, a broken foot, and a dislocated shoulder.

Since the accident, he has undergone multiple surgeries.

Turnbull graduated from Batavia High School in 2018, where he played hockey, anchoring the team as the goalie. He attended Siena College for two years, where he also played hockey, before transferring to the University at Buffalo, where he earned a degree in history.

After college, he went to work for the Tompkins Insurance Agency, where he has remained employed.

His parents are Tom and Michelle Turnbull.

Tom was a long-time publisher of the Batavia Daily News before becoming president of the Genesee County Chamber of Commerce. He retired from that job a couple of years ago.  Michelle is a retired physical education teacher who continues to sub for BOCES.  Both have been active volunteers in the community, with Tom serving in the Batavia Rotary Club, including running the annual baseball tournament, and Michelle being involved in parent volunteer groups and sports boosters.

The GoFundMe page set a goal of raising $50,000 to assist JT.  Over the course of the first day, it's already raised nearly $30,000 from 231 donors.  For more information, click here.

Three people charged with drug dealing after Dellinger Avenue raid

By Howard B. Owens
gamechanger humphrey
Pierre Humphrey

A raid on a residence at 36 Dellinger Ave., Batavia, on Friday morning led to the arrest of three people on drug-related charges, according to the Sheriff's Office.

The raid was the result of a warrant issued following an investigation by the Local Drug Task Force.

The Emergency Response Team assisted in the apprehension of the suspects, leading to Dellinger being closed to civilian access for about 45 minutes on Friday.

mug shot falk
Malinda Falk

Taken into custody were Pierre Mahon "GameChanger" Humphrey, 33, of Trentall Street, Rochester, Malinda June Falk, 42, of Dellinger Avenue, Batavia, and Matthew J. Reed, 39, of Ellicott Street, Batavia.

matthew reed
Matthew Reed

All three are charged with two counts of criminal possession of a controlled substance in the third degree (with intent to sell), a Class B felony, Criminal Possession of a controlled substance in the third degree (in excess of one-half ounce), a Class B felony, and criminal use of drug paraphernalia in the second degree, a Class A misdemeanor.

The three suspects were arraigned in City Court. Humphrey was ordered held without bail. Falk and Reed were released under supervision.

Assisting in the investigation and arrest were the Sheriff's Office, Batavia PD, City Fire, and the District Attorney's Office.

Rochester man accused of burglarizing residence in Elba

By Howard B. Owens
omar cabrera
Omar Carera

A 40-year-old Rochester resident is accused of committing a late-morning burglary at a residence in the Town of Elba on July 7.

Omar Cabrera is charged with burglary in the second degree, a Class C felony, three counts of burglary in the third degree, a Class D felony, criminal mischief in the third degree, a Class E felony, and petit larceny, a Class A misdemeanor.

At 11:47 a.m. on July 7, the Sheriff's Office received a report of a burglary at a residence and a detached building on the property. Deputy Jermey McClellan responded and conducted the initial investigation.  Investigators Ryan DeLong and Howard Carlson then responded, collecting photographs and physical evidence. 

Cabrera was identified as the suspect during the course of the investigation. 

He is accused of entering the residence unlawfully and in the process, causing property damage in excess of $250 in value.  He is accused of stealing copper fittings. He is accused of entering the detached building with the intent of committing a crime once inside.

On Jan. 31, Cabrera was located in Rochester with the assistance of the U.S. Marshal's Task Force, and transported to Genesee County and held pending arraignment.  Once arraigned, he was ordered held on $10,000 cash bail, $20,000 bond, or $40,000 partially secured bond.

Top Items on Batavia's List

The Batavia Housing Authority is seeking a positive, hardworking teammate to perform a variety of outdoor landscaping tasks, primarily mowing, with some trimming and cleanup work. The Groundskeeper is independently responsible for outdoor landscaping tasks on a weekly basis with some flexibility. This job may require some weekend hours when necessary. Part-time position Pay Range: $19.00/hr - $22.00/hr Anticipated start date: May 2024 Application deadline: April 29, 2024 See full job description at: https://www.co.genesee.ny.us/Groundskeeper.pdf Complete Civil Service Application at: https://cms1files.revize.com/geneseecountynew/CivilServiceApplication2022Revision-09.22.22.pdf Contact Information Nathan Varland Executive Director Batavia Housing Authority 400 East Main Street, Batavia, NY 14020 (585) 344-1888 nvarland@bataviahousing.org Location: Batavia
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For Rent - Lower 1 Bedroom Apartment Private country setting, lower one bedroom apartment with all appliances and parking. Sunroom with gas fireplace and patio. Includes water and heat. NEW LOWER PRICE! $1000/Month plus electric. No pets, no smoking. References and security deposit required. Available June 1st, 2024. Call 585-344-3141.
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