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Getting organized for a New Year in the city

By Joanne Beck
City Council swearing in
Taking their oaths of office are, from left, Tammy Schmidt, David Twichell, Derek Geib, Paul Viele, Kathy Briggs and Al McGinnis during City Council's organizational meeting Monday at City Hall.
Photo by Joanne Beck

During City Council's 2024 organizational meeting Monday evening, reelected members Tammy Schmidt, Sixth Ward, left, David Twichell, Second Ward, third from the right, Paul Viele, First Ward, Kathy Briggs, Fifth Ward, and peeking out from behind Briggs, Al McGinnis, Fourth Ward,  take their oaths, while newly elected member Derek Geib, center, who ran unopposed for the Third Ward seat, joins his new colleagues in the official swearing-in ceremony by City Clerk/Treasurer Heidi Parker at City Hall. 

Briggs nominated Eugene Jankowski Jr. to serve as president again based on his ability to maintain "well-organized" council meetings, and he was duly voted in by the council, which also included members Bob Bialkowski and Rich Richmond.

Viele was voted in for the position of president pro tempore.

Future council meetings have been approved for 7 p.m. on the following dates:

Jan. 22; Feb. 2 and 26; March 11 and 25; April 8 and 22; May 13 and 28; June 10 and 24; July 8; August 12; Sept. 9 and 23; Oct. 15 and 28; Nov. 12 and 25; and Dec. 9.

The group adjourned for two more meetings, several resolutions and a discussion about how to raise more revenue for the city. 

2023 Harvie Award recipients announced

By Joanne Beck

This weekend's 2024 Harvie Awards gala recognized many deserving recipients from the past year's Batavia Players shows, organizers said, including:

OUTSTANDING LEAD ACTOR IN A PLAY

Steven Coburn, 12 Angry Jurors

OUTSTANDING LEAD ACTRESS IN A PLAY

Emily Crawford, Antony & Cleopatra

OUTSTANDING SUPPORTING ACTOR IN A PLAY

Elijah Van Epps, Antony & Cleopatra

OUTSTANDING SUPPORTING ACTRESS IN A PLAY

Dorothy Gerhart, One Act Plays, The Verbatim

OUTSTANDING FEATURED ACTOR IN A PLAY

Anthony Haitz, 12 Angry Jurors

OUTSTANDING FEATURED ACTRESS IN A PLAY

Mary Eckstein, 12 Angry Jurors

OUTSTANDING LEAD MALE PERFORMANCE IN A MUSICAL

Phil Berry, The Drowsy Chaperone

OUTSTANDING LEAD FEMALE PERFORMANCE IN A MUSICAL

Sarah Hill, Opposites Attract, I'll Be Here

OUTSTANDING LEAD FEMALE PERFORMANCE IN A MUSICAL

Kristin Gelia, The Drowsy Chaperone

OUTSTANDING SUPPORTING MALE PERFORMANCE IN A MUSICAL

Qasim Huzair, The Drowsy Chaperone

OUTSTANDING SUPPORTING FEMALE PERFORMANCE IN A MUSICAL

Sophie Houseman, The Drowsy Chaperone

OUTSTANDING FEATURED MALE PERFORMANCE IN A MUSICAL

Anthony Haitz, The Drowsy Chaperone

OUTSTANDING FEATURED FEMALE PERFORMANCE IN A MUSICAL

Samantha Jane Balbi, Cry Baby

OUTSTANDING YOUTH PERFORMANCE OF THE YEAR

Peyton Woeller, Cry Baby

OUTSTANDING CHILD PERFORMANCE OF THE YEAR

Adam Jursted, Cry Baby

OUTSTANDING MUSICAL PERFORMANCE ENSEMBLE

Watch Your Ass, Cry Baby

OUTSTANDING MUSICAL SOLO PERFORMANCE

Deacon Smith, Hallelujah, A Christmas Carol

PERFORMANCE OF THE YEAR

James Barcomb, 12 Angry Jurors

VOLUNTEER OF THE YEAR

Mick Larson

BUSINESS SUPPORT OF THE YEAR

McCabe Enterprises

COMMUNITY SUPPORT OF THE YEAR

Batavia Downs Gaming

BOARD OF DIRECTORS – DIRECTOR OF THE YEAR

Tom Clark

Jackson Street water project to move onto Cone, Ganson, Cherry, Morton through Wednesday

By Press Release

Press Release:

Please be advised that Blue Heron Construction will begin interconnections to side streets in regard to the Jackson Street Water project on Monday, Jan. 8 starting around 8:30 a.m. 

On Monday, work is expected on Cone Street and Ganson Avenue, Cherry Street on Tuesday, and Morton Avenue on Wednesday. Timeframes are subject to change depending on the amount of time it takes to complete each hook up. Loss of water should be expected on these streets and surrounding streets depending on valve closures. 

If discolored water occurs when water pressure is regained, please avoid doing laundry or cooking until the water runs clear.

We apologize for any inconvenience, and thank the public for their patience and cooperation as we work to improve our community.

Sponsored Post: Batavia Downs hosting Psychic Fair for three days starting Friday

By Sponsored Post
sponsored post batavia downs psychic fair

Story by James  Fink

Throughout her adult life, Suzanne Linde has had a number of interesting jobs, including decorating cakes, making and selling jewelry, serving as a minister and as co-founder of the Experience Psychic Fair.

It is the Experience Psychic Fair that will bring Linde, 68, back to Batavia Downs. The fair is scheduled for a three-day run from Jan. 12-14 at the venerable Batavia destination.  The fair will feature at least 12 psychics or readers plus 40 vendors selling everything from crystals, jewelry and numerology readings.

All readers and vendors are vetted by Linde and her staff. All are legit.

"We make sure we only bring high quality-readers," Linde said. "I consider the people we bring as family."

A Lily Dale Assembly-trained and educated psychic, Linde said she enjoys putting on the shows and meeting with people.

Why?

"Because everyone wants to know what's happening in this crazy world," Linde said.

Batavia Downs is one of Linde's favorite destinations. An Elma native, who now lives in Williston, Fla., Linde said returning to Western New York is a homecoming.

Linde and her business partner, Cortland resident Clyde LeFevre, have 30 Experience Psychic Fair stops booked for 2024, including return stops to Batavia Downs in April and October.

Linde is the first to admit the entire Experience Psychic Fair gathering is designed for people to have fun and be entertained.

"Our job is to uplift," Linde said. "The energy in the building is amazing."

The typical attendee is female between the ages of 25 and 70, although recent fairs have skewed towards a more diverse and younger crowd, including more men, millennials and Gen Xers.

"People, especially younger people, are looking for kinder things," Linde said.

When it comes to psychics and readers, Linde said many are looking for personal answers and using the readings as a road map.

"We love helping people, and that is one of the joys I get out of putting on these kinds of fairs," Linde said.

The Experience Psychic Fair opens on Friday, Jan. 12th and runs through the weekend.  Information can be found on the Batavia Downs Facebook page or directly at https://www.experiencepsychicfair.com/.

James Fink writes on behalf of Batavia Downs.  Sponsored Post paid for by Batavia Downs.

Several 700's in league play; Amy Lavender picks 5-7-10

By Mike Pettinella

Several bowlers topped the 700 mark in Genesee Region USBC league bowling action over the past week.

At Mancuso Bowling Center in Batavia, Chris Bailey led the way with a 279 third game for a 765 series in the Brighton Securities Tuesday Triples League.

Also at Mancuso's, Mark Brown had games of 258 and 256 in a 729 series in the County Line Stone Friday Trios League.

At Le Roy Legion Lanes, Rob Panepento and Rich Beschler set the pace with 735 and 707 series, respectively, in the American Legion Thursday Men's League, and at Rose Garden Bowl in Bergen, Harris Busmire and Steve Manczak posted 715 and 704, respectively, in the Wednesday Men's Handicap League.

A rare feat was accomplished in the Sunday Rolloffs League at Medina Lanes yesterday morning when Amy Lavender converted the 5-7-10 split.

Law and Order: Driver accused of nearly striking deputy's vehicle at more than 100 mph

By Howard B. Owens

Alan James Warren, 31, of Fillmore, is charged with reckless endangerment 1st, aggravated unlicensed operation, felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation 2nd. Warren is accused of nearly striking a deputy's vehicle while driving in excess of 100 mph at 1:11 a.m. on Dec. 30 on I-490 in Le Roy. Warren was stopped by Deputy Zachary Hoy. He was held pending arraignment.

Rhonda J. Schirmer, 57, of Walnut Street, Batavia, Alyssa M. Rondon, 33, of East Main Street, Clifton Springs, and David R. Fallon, 41, of East Main Street, Clifton Springs, are charged with petit larceny, conspiracy 6th, and endangering the welfare of a child. Schirmer and Rondon are also charged with criminal possession of a controlled substance 7th. Schirmer, Rondon, and Fallon are accused of stealing merchandise from Walmart in the presence of a child. Schimer and Rondon were also allegedly found in possession of a controlled substance. All three suspects were processed at the Genesee County Jail and released on appearance tickets.

Timothy Delshawn Cobb, no age provided, of Butler Avenue, Buffalo, is charged with reckless endangerment 1st, unlawful fleeing from a police officer in a motor vehicle 3rd, reckless driving, aggravated unlicensed operation 2nd, and suspended registration. Cobb is accused of leading sheriff's deputies and Batavia police officers on a high-speed chase on the Thruway at 4:31 p.m. on Jan. 3. He was stopped by a successful deployment of spike strips by Corfu police. Cobb was held pending arraignment.

Maranda Lena Button, undisclosed age, of Park Road, Batavia, is charged with criminal possession of a controlled substance 7th and aggravated unlicensed operation 3rd. Button was stopped at 10:38 p.m. on Dec. 31 on Park Road, Batavia, by Deputy Nicholas Chamoun for an alleged inoperable headlamp. She was allegedly found in possession of cocaine and driving on a suspended license.

Ronda Marie Kern, 42, of Alleghany Road, Basom, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, speed not reasonable, and moving from lane unsafely. Kern was reportedly involved in a crash on South Lake Road, Pembroke, at 7:15 p.m. on Dec. 29 and found hiding in the woods near the crash scene. She was processed at the Genesee County Jail and released.

John David Bissell, 60, of North Academy Street, Wyoming, is charged with driving with a BAC of .18 or greater, driving with a BAC of .08 or greater, ATV violation of driving while intoxicated, moving from lane unsafely, and an ATV violation of uninsured operation.  Bissell was reportedly involved in an ATV accident at 1:05 a.m. on Dec. 31 on Telephone Road, Pavilion. Biseell was transported to the Genesee County Jail for processing and released on tickets.

Garrett A. Breister, 51, of Capen Road, Brockport, is charged with DWI, driving with a BAC of .08 or greater, driving while ability impaired by drugs and alcohol, moving from lane unsafely, and speed not reasonable. Breister was reported involved in a motor vehicle accident at 10:39 p.m. on Oct. 31 on North Lake Road, Bergen. Breister was arrested on Dec. 29 following an investigation by Deputy Jonathan Dimming. He was issued tickets and released.

Angel Manuel Canales, 34, of Long Pond Road, Greece, is charged with assault 3rd and harassment 2nd. Canales allegedly punched another patron in the head, knocking him out, while at Batavia Downs, on Dec. 17 at 12:20 a.m.  No release status listed.

Ebony Lauren Jenkins, 24, of Child Street, Rochester, is charged with criminal contempt 2nd.  Jenkins is accused of violating a court order at 8:19 p.m. on Dec. 27 at a location in Bergen. Jenkins was held pending arraignment.

Skarlette P. Tellier-Wilcox, 19, of Wood Street, Batavia, is charged with petit larceny. Tellier is accused of stealing merchandise from Walmart at 4:43 p.m. on Dec. 29. She was issued an appearance ticket.

Theodle Hill, Jr., 54, of Church Street, Batavia, is charged with disobeying a court mandate. Hill is accused of violating an order of protection by speaking to the protected person while at a local store at 5:28 p.m. on Dec. 27. Hill was held pending arraignment.

Zackary Charles Putney, 27, of Route 98, of Alexander, is charged with DWI, driving with a BAC of .08 or greater, stopping on a highway, failure to use four way flashers. Putney was charged after deputies Jacob Kipler and Austin Heberlein located a vehicle parked on Route 33 in the Town of Pembroke at 1:29 p.m. on Jan. 1. He was transported to the Genesee County Jail for processing and released.

Jonathan Will Dodson, Jr., of Chugg Road, Clarendon, is charged with criminal mischief 3rd. Dodson is accused of cutting the wires of an electrical harness of another person's vehicle at 8:30 p.m. on Dec. 29 at a location on Byron Road, Byron. He was arraigned and ordered held on $5,000 bail or $10,000 bond. 

Mary Jenieve Almanzar, 32, of Ada Place, Buffalo, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation, uninspected motor vehicle, and inoperable brake lamp. Almanzar was stopped at 12:01 p.m. on Route 77 in Alabama, on Jan. 6 by Deputy James Stack. During the traffic stop, she was allegedly found in possession of buprenorphine-naloxone that was not prescribed to her. She was released on an appearance ticket.

Joseph Stewart, 69, of Route 19, Le Roy, is charged with harassment 2nd. Stewart is accused of striking another person across the face with a belt at a location on East Main Street, Batavia, at 8:55 a.m. on Jan. 3. He was released on an appearance ticket.

Ricky J. Smith, 33, of Lockport, is charged with two counts of sexual abuse 1st and two counts of endangering the welfare of a child. Smith was arrested by State Police in relation to an incident reported at noon on Oct. 26 in the Town of Darien. He was released on an appearance ticket. Troopers did not release more information.

Michael J. McCarthy, 35, of Corfu, is charged with menacing 3rd and acting in a manner injurious to a child. He was arrested by State Police in relation to an incident reported at 12:43 p.m. on Jan. 4 in the Town of Pembroke. McCarthy's bail status was not available. Troopers did not release more information.

Harold Jemison-Pointer, 30, of Buffalo, is charged with DWI and driving with a BAC of .08 or greater. Jemison-Pointer was stopped at 10:20 a.m. ON Jan. 1 in the Town of Le Roy by State Police. He was released on an appearance ticket.

Alexander gets home win over Pembroke, 53-46

By Staff Writer
alexander basketball

Alexander beat Pembroke 53-46 in Girls Basketball on Friday night.

For the Trojans, Emily Pietrzykawski scored 15 points. Hayden Bezon, 12, and Madison Boyce, 10.

For the Dragons, Elle Peterson scored 12 and Reagan Schneider scored 10.

Photos by Brennan Bezon.

alexander basketball
alexander basketball
alexander basketball
alexander basketball
alexander basketball
alexander basketball
alexander basketball

Batavia falls in second half to division rival Pittsford Sutherland 62-37

By Staff Writer
A frustrated, double teamed Justin Smith making a pass.  Photo by Steve Ognibene
A frustrated, double-teamed Justin Smith making a pass.  Smith was held to 10 points in the first half.
Photo by Steve Ognibene

Batavia made a game of it in the first half, but a talented Pittsford Sutherland team ran away with the game in the second half to deliver the Blue Devils, now 4-5, their second straight home loss, 62-37, on Friday.

Justin Smith and Gavin White each scored 12 points, and Carter Mullen scored 10.

The Blue Devils host Honeoye Falls/Lima at 7:15 p.m. on Tuesday.

Also on Friday:

  • Merrit Holly scored 47 points to lead a comeback win for Le Roy over Rochester Prep 55-52.  The 47 points ties a single-game scoring record for Le Roy. The record was set in 1963 by Tim McCulley. The Knights trailed 51-47 with less than two minutes to play when Holly went on an eight-point unanswered scoring run to secure the win. Holly had 18 rebounds and was 18-23 from the field. 
  • Alexander beat Pembroke 50-48. Dylan Pohl scored 16 points for the Trojans. Trent Woods, 14, and Kingston Woods, 12.  For the Dragons, Tyson Totten scored 24 points and had five assists.  Avery Ferreira scored seven.

To view or purchase photos, click here.

Photos by Steve Ognibene

Carter Mullen driving towards the hoop.  Photo by Steve Ognibene
Carter Mullen driving toward the hoop.  
Photo by Steve Ognibene
Batavia's Gavin White and Aiden Bellavia digging for rebound.  Photo by Steve Ognibene
Batavia's Gavin White and Aiden Bellavia digging for rebound.  
Photo by Steve Ognibene
Batavia's bench calls timeout, in third quarter.  Photo by Steve Ognibene
Batavia's bench calls a timeout in the third quarter.  
Photo by Steve Ognibene

Elba gets sixth win, beating Byron-Bergen 67-34

By Howard B. Owens
elba hoops

Elba beat Byron-Bergen in Girls basketball on Thursday, 67-34.

With another big game, Sydney Reilly helped lead the way, scoring 28 points. Mariah Ognibene scored 17. 

Elba is now 6-2 on the season.

Janessa Amesbury scored 16 points for the Bees.

Byron-Bergen falls to 3-4 on the year.

Photos by Debra Reilly.

elba hoops
elba hoops
elba hoops

Cal-Mum picks up third Rotary Tournament title with 46-40 win over Pembroke

By Howard B. Owens
rotary tournament

For the third time in tournament history, Cal-Mum captured the Rotary Tournament crown on Thursday with a 46-40 win over Pembroke.

It's the first time the championship game did not include Batavia or Notre Dame (Notre Dame has won 15 times and Batavia has won nine, with Pavilion picking up the crown once).

For Cal-Mum, Halee Nickerson scored 14 points and was named tournament MVP. Shea Drazkowski scored 16 points.

For Pembroke, Peyton Liss scored 22 points.

Besides Nickerson, filling out the all-tournament team: 

  • Jaimin Macdonald, Batavia 
  • Nina Bartz, Notre Dame
  • Ava Amorese, Cal-Mum
  • Peyton Liss, Pembroke     
  • Elle Peterson, Pembroke

Drazkowski received the Ray Shirtz Award.

Photos by Tim Call.

rotary tournament
rotary tournament

Le Roy's Holly scored 27 against Perry

By Howard B. Owens
le roy basktball

Le Roy's Merritt Holly celebrated a birthday on Wednesday by scoring 28 points to lead the Knights to a 59-32 win over Perry.

Holly also had eight rebounds, two blocked shots, and a steal. She shot 13 of 16 from the field.

The Knights jumped out to a 17-0 lead to start the game before Perry scored late in the quarter.

Jean Agosto scored 10 points and Matthew Hockey scored 10 points.

 Le Roy improves to 6-2 while Perry falls to 0-7.

Photos and video by Carter Fix.

le roy basktball
le roy basktball
le roy basktball
le roy basktball
Remote video URL

Elba tops Lyndonville 81-31

By Howard B. Owens
elba basketball

Angelo Penna scored 27 points on Wednesday to spark an 81-31 Elba Lancers win over Lyndonville.

Kevin Marsceill scored 17 points, hitting five three-pointers, including four in the fourth quarter.

Also on Wednesday,

  • Pembroke beat Maryvale, 57 to 41. Tyson Totten scored 27 points and had 16 rebounds. Avery Ferreira scored 15 points and Jayden Bridge had nine rebounds.
  • Eastridge beat Batavia 70-49. Justin Smith scored 14 points for Batavia. Carter Mullen scored 10.

Photos by Debra Reilly.

elba basketball
elba basketball
elba basketball

Sponsored Post: Building Supply Auction happening at Bontrager Auction! Bid now

By Lisa Ace
Remote video URL
Want to get crackling on your dream project? Bontrager Real Estate & Auction Service has got your back with their online Building Supply Auction! Head to bontragerauction.com and start bidding on everything from swoon-worthy kitchen cabinets, lumber, flooring, and charming fixtures, to insulation, appliances, and even mattresses! And that's not all! With windows, doors, lighting, tiles, area rugs, and even fencing and decking up for grabs, you'll be in DIY heaven. But hurry, the auction ends on January 10th, so don't delay! View before you bid with live previews on Thursday, January 4, 2024, 1 pm - 3 pm; and Tuesday, January 9, 2024, 3 pm - 6 pm, at 8975 Wortendyke Rd., Batavia, NY 14020.

Prominent attorney accused of malpractice by Village of Alexander in wake of lawsuit loss

By Howard B. Owens
dominick building bufflao street alexander
A building at 3399 Buffalo St., Alexander, a former medical office, that has been the subject of a decade-long legal battle between the Village of Alexander and C&D Design, Build, Development, a Corfu-based business.
Photo by Howard Owens.

After an adverse ruling against the village of Alexander in a property condemnation case, the village and its code enforcement officer have filed a malpractice lawsuit against the Attica-based law firm and the lead attorney who handled the case.

The suit names as defendants Dadd, Nelson, Wilkinson & Wujcik, PLLC and attorney James M. Wujcik.

Wujcik, until last week, was county attorney for Genesee County.  He served one term, which is two years. 

County officials said the decision to replace Wujcik with Mark Boylan had nothing to do with the malpractice accusation.  

Neither Legislature Chair Shelley Stein nor County Manager Matt Landers revealed any concern about Wujcik's job performance.

At Wednesday's organization meeting of the County Legislature, all Stein said about Wujcik was that he decided to pursue other opportunities. In response to an email from The Batavian on Thursday, Stein said she knew nothing of any lawsuit naming Wujcik and had no further comment.

"I'll learn with your readers," she said.

The Batavian submitted a Freedom of Information request to Landers requesting any letter of resignation or any written notice of termination, and Landers said there was no responsive document. 

Landers said Wujcik had come to the end of a fixed two-year term. He did not resign and was "not encouraged to resign as his term was coming to a natural end."

The lawsuit was filed in August, and The Batavian learned of it after a person who did not include a return address on the envelope sent a copy to the publisher.

On Wednesday morning, The Batavian emailed a request for comment on the pending lawsuit to Wujcik at his law firm address and he has not responded.  

Wujcik and the firm have retained legal counsel, The Batavian was told by a source, but those attorneys have yet to file a response to the lawsuit, and no hearing date has yet been set for an initial appearance by both parties in the Supreme Court.

Alleged malpractice suit
The plaintiffs are the village of Alexander and Daniel J. Lang.  Lang is the code enforcement officer for the Town of Batavia, which has an inter-municipal agreement with Alexander (as well as other towns and villages in the county) to provide code enforcement services.

Until April 2023, Dadd, Nelson, Wilkinson & Wujcik provided municipal legal services to the village of Alexander.

In November 2015, Corfu-based developer and property management firm C&D Design, Build, Development, filed suit against the village and Lang alleging that a building owned by the firm at 3399 Buffalo St. had been improperly condemned in September 2013.

The village, under terms of its agreement with its law firm, selected Wujcik as a lead attorney to handle its defense, a position he held throughout most of the legal battle, which is now entering its 11th year. 

The village dismissed the law firm and Wujcik sometime after Genesee County Supreme Court Justice Diane Y. Devlin issued a summary judgment in favor of C&D Design and its owner Gary Dominick, also a principal in the development firm Dominick & Daughters.

The village's lawsuit against Wujcik and his firm states that Alexander and Lang stand to incur significant monetary damages as a result of the summary judgment, which the suit blames on Wujcik's handling of the case after a previous ruling in favor of the village was overturned by an appeals court.

The potential monetary losses, which have yet to be decided by the court, will not be covered by insurance, according to the suit.

The suit alleges that Wujcik:

  • failed to preserve and protect the rights of the village and Lang through the C&D proceedings;
  • failed to respond to discovery demands;
  • failed to oppose discovery motions, resulting in sanctions;
  • failed to adhere to two separate orders directing the village and Lang to provide complete responses without objection to those discovery demands;
  • failed to appeal the summary judgment in a timely manner;
  • failed to raise appropriate legally viable affirmative defenses; and
  • failed to communicate with the village and Lang to keep them informed of developments in the case. 

"But for the defendants' (Wujcik and his firm) legal malpractice, plaintiffs (village and Lang) would have successfully defended the underlying lawsuit," the lawsuit against the Attica-based law firm states. "Plantiffs' actions with respect to C&D's property at issue in the underlying lawsuit were motivated only to address complaints regarding life and safety at the property owned by C&D. All of the plaintiff's actions were in compliance with the New York State Uniform Code. Plaintiffs' actions afford C&D due process with respect to actions taken by plaintiffs in the Zoning Board of Appeals and through an Article 78 proceeding. C&D did not avail itself of the opportunity to challenge plaintiffs' conduct prior to the commencement of the underlying lawsuit."

The suit states that because of the alleged malpractice, Devlin found in favor of C&D on Aug. 18, 2022, in a summary judgment (no trial) on its claim that its due process rights were violated and awarded C&D legal fees and expenses and ordered a hearing to determine the amount of C&D's damages. 

"After entry of the Aug. 22, 2022 order, defendants failed to timely file a notice of appeal with respect to that judgment and failed to inform plaintiffs of the adverse judgment," the suit states. "Instead, defendants filed a frivolous motion to reargue on plaintiffs' behalf that had no chance of success because it was not the proper vehicle to challenge the court's ruling."

Foul odor
Events leading up to the "underlying case" began in the late summer of 2013 when at least two employees of Dr. Mary Obear, who operated a clinic in C&D's building, complained of foul odors in the building and were diagnosed with a respiratory illness. 

According to court documents, the building was constructed according to Obear's specifications in 2012 and received a certificate of occupancy signed by Karl Bender, the village's code enforcement officer at the time.

In response to the complaints about the odor and ailments, according to Lang's statements in court records, Lang was granted access to the building on Sept. 4 by its legal occupants and commenced a visual inspection. Court documents state he discovered 37 code violations during that visit and that, coupled with the reported odors and illnesses, he condemned the building on Sept. 9, 2013, requiring Obear to immediately close the clinic.

The building was posted as condemned over the next two years, so at this point, Dominick filed a lawsuit alleging that the village condemnation was unnecessary and violated the law and his Constitutional rights.

He claimed that village leaders had a history of retaliating against citizens who complained about village actions and that he had been vocally critical of village decisions more than a decade earlier, suggesting that the condemnation of his building was an act of retaliation. 

On Sept. 24, 2015, the village delivered to Dominick a list of 80 alleged code violations. Dominick's attorneys characterized the list as a vague recitation of code sections without listing specific violations, but some of the violations listed are specific. 

The letter, which is part of the court record, states that the main beam for the structure does not meet NYS uniform code requirements, the foundation system is not built as designed, the floor joists have been cut, notched, sawed, and are not in compliance with code, that there was seepage through the wood foundation, which was not constructed in accordance with the design, and that Lang viewed unapproved methods of construction through the structure.

"Due to the conditions present during our visit, we deemed the condition of the structure unsafe," the letter states. "Due to the lack of required documentation provided for this structure and the contractor not following the submitted plans, I am also in question of all structural elements of the building not in the submitted drawings that we cannot visually inspect."

The letter asked that prior to anyone undertaking any repairs on the building, that a full structural analysis and evaluation by a licensed engineer be completed.

As for the odor complaints, Dominick hired Lozier Environmental Consulting, Inc. to conduct fungal air sampling.  The consultant determined there was mold in the building, but the spore concentration in the occupied areas of the building was within acceptable air quality standards.  However, the same inspector found penicillium/aspergillus spores in the basement at levels that are considered unsafe. The consultant recommended several actions to remediate the issue.

In one of his answers to court filings, Lang seemingly cited this report as support for the condemnation, but attorneys for Dominick note that the report was completed after the condemnation. It also did not support condemnation, they asserted, because air quality in the occupied part of the building was found to be within acceptable limits.

C&D vs. Alexander lawsuit
In late 2016, the attorney for C&D filed an amended complaint that focused on trespass (alleging Lang entered the premises without permission), nuisance, inverse condemnation, tortious interference, and violation of civil rights.

The complaint was amended again on Jan. 22, 2018, seeking damages for violations of Dominick's civil rights under the First, Fifth, and 14th Amendments to the U.S. Constitution and violations of the state Constitution.

The suit claimed that Dominick's rights to due process were violated because he was not afforded the right to a hearing on the "taking" of his property by the government. 

Dominick's attorneys claimed in multiple filings that C&D was entitled to either a hearing before the building was condemned, or in the case where immediate condemnation is a matter of imminent public safety (which the attorneys said was not the case), a hearing after condemnation.

Wujcik argued that Dominick foreclosed a hearing at the village level when he retained an attorney who ordered Lang to have no further communication with his client, indicating pending legal action. He also argued that C&D chose to forego its right to an Article 78 proceeding and instead chose to file a lawsuit. In either case, any lack of due process, according to Wujcik, was at C&D's doing, not due to conduct by the village nor Lang.

In an eight-page order issued on Dec. 18, 2018, Judge Emilio Colaiacovo dismissed C&D's entire case.

Colaiacovo found that Lang operated within the scope of his legal duties as a code enforcement officer, with a reasonable belief that the building on Buffalo Street was a threat to public safety, and that Lang acted without political motivation and his actions were not arbitrary. 

"Defendants have provided ample documentation justifying their decision to placard the property,' Colaiacovo wrote. "While they may have disagreed with the decision or the reasons offered by Lang, the plaintiff has not demonstrated any egregious municipal misconduct. The record is bereft of any 'political concerns' that prompted the determination of the village or its building inspector. While arguably, the plaintiff may be able to show that the defendants misinterpreted the village or state building code, that in and of itself does not constitute egregious official conduct motivated by the color of politics."

Overturned on appeal
Attorneys for C&D appealed the decision, and on Aug. 25, 2020, the Appellate Division of the Fourth Department, Supreme Court of the State of New York, overturned Colaiacovo's decision.

"Initially, we agree with the plaintiff that the court erred in converting the defendants' motion to dismiss to one for summary judgment," the appellate justices wrote. "The court did not provide 'adequate notice to the parties that it was doing so, nor did defendants and plaintiff otherwise receive adequate notice by 'submitting facts and arguments clearly indicating that they were deliberately charting a summary judgment course."

The ruling was not entirely favorable to C&D, however, with the court finding that the court properly denied the plaintiff's motion because the plaintiff failed to establish that it is entitled as a matter of law to the relief it sought as part of the suit -- removal of the placard on the building declaring it condemned.

The case was returned to Genesee County Supreme Court for further proceedings, which eventually led to the summary judgment by Devlin in favor of C&D.

According to a notice posted in a window at 3399 Buffalo St., Alexander, Dominick has been granted a permit to convert the former medical office building into four apartment units.

First the paperwork, then the footwork and eventually Water District 5

By Joanne Beck
bethany water tanker nov. 2023
2023 File Photo of a Bethany resident filling up his water tote due to severe drought and dry residential wells, a situation that hasn't changed as we head into 2024. 
Photo by Howard Owens

Declaring a State of Emergency hasn’t produced a miracle in terms of water for the dehydrated town of Bethany, Supervisor Carl Hyde Jr. says, but it has established the seriousness of what town residents are facing for their future needs.

“It lets the state and federal officials know the dire situation we are in, and when we file paperwork for Water District 5, that it is expedited,” Hyde said to The Batavian Thursday. “The DHES (Department of Homeland Security and Emergency Services) is looking to figure out what else they can do to help out the residents. And when it comes time to review the paperwork, we have priority.”

As the declaration stated, there are 100 residential properties and two large farms without water due to empty wells. All of them are having to travel to fill water totes on a regular basis to meet their needs, including one farm that requires 60,000 gallons a day to sustain its operation. 

“That means having drivers and trucks, some are paying to have it hauled, and the fuel expense,” he said. “There’s a lot of money tied up in this.”

Lack of precipitation has taken the blame for the severe drought in the area, and with little rain and snow yet to come, wells have not recharged and “we still have people that are running out of water,” Hyde said.

There have been a few bright spots in this section of Bethany desert: a state water tanker was sent to the town for a month so that citizens could get their water totes filled at town hall; private donations generously supplied residents with several pallets of bottled drinking water; and a second attempt for a state grant to shore up funding for Water District 5 was approved at the end of 2023. 

Right now, it’s full steam ahead with the legalities for the water district, Hyde said. Since the original budget and related funding fell through due to COVID issues, a new budget and paperwork need to be drafted, and another public hearing will have to be scheduled, he said.

“The water district is still moving forward. We’re waiting to hear from the town’s attorney about the public hearing … that should be in the next two to three weeks. Because of the budget overrun, we have to take it back to the residents,” he said. “We have the full funding for the project, (the residents’) cost doesn’t go up, we have to make them aware of where we’re at in the process of doing the legal stuff.”

Reflections of healthy living in downtown Batavia

By Joanne Beck
batavia healthy living center
Photo by Howard Owens

Rows of glass windows are being installed as part of what officials have described as the open-air feel of the new Healthy Living building in downtown Batavia.

The site that will merge Healthy Living programs with YMCA received some hoopla in a beam-signing celebration at the end of November, and crews have been working towards sealing up the exterior in preparation for inside work on the 78,000-square-foot facility.

Once completed, there will be a children’s Adventure Room, indoor playground, intergenerational room filled with interactive games, a large upstairs track, a swimming pool equipped with underwater benches for swim lessons, a splash pad, and wheelchair and walk-in access.

There will also be universal pre-kindergarten, morning daycare, and after-school classrooms, plus supervised childcare with options, expanded hours, and universal standards to bring everything to beyond the Americans with Disabilities Act code, officials have said. 

The medical and wellness facility is to include state-of-the-art exercise equipment, a teaching kitchen, 22 exam rooms and two medical procedure rooms for primary care, telemedicine appointments, behavioral health and crisis intervention support, cancer prevention, chronic illness, and community education services. 

The new campus is to be completed by sometime this fall.

Tenney releases 2023 legislative highlights

By Press Release

Press Release:

Congresswoman Claudia Tenney (NY-24) released her 2023 Year End Report today, which highlights her office's legislative and constituent services accomplishments throughout the past year.

“Our office hit the ground running this year, starting off the 118th Congress by introducing 54 bills, cosponsoring 324 pieces of legislation, and returning over $13,000,000 in benefits back to our community,” said Congresswoman Tenney. “It has been an honor to represent New York's 24th Congressional District for an entire year now, and I remain as dedicated as ever to serving our community. I am eager to continue working on your behalf to deliver lasting results to our sprawling district and restore transparency and accountability in Congress. I encourage you to read our report, and as always, please contact my office with any questions. We are here to assist you.”

Read the full report here and view highlights from each section below: 

Constituent Services

  • Returned over $13,000,000 in earned benefits
  • Closed over 1,500 constituent cases
  • Hosted 20 Mobile Office Hours
  • Organized nine seminar sessions with federal partners
  • ​​Announced $9,266,122.72 in federal grants and awards for NY-24

Accessibility and Transparency

  • Explained more than 500 votes publicly on the website
  • Launched three advisory committees, including the Agriculture Advisory Committee, the Service Academy Review Committee, and the Second Amendment Advisory Committee.
  • Replied to more than 43,000 messages from 28,000 constituents
  • Attended 285 community events
  • Hosted three Farm Bill Roundtable Listening events
  • Released seven detailed legislative plans

Delivering Results for NY-24

Top Items on Batavia's List

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