Stories from

For three years, Genesee County SCOPE has held a rally in Batavia to call attention to the erosion of personal rights in New York and this year in front of City Hall they held their rally, called the "Life, Liberty and Freedom" rally.

They invited those concerned about a broad range of rights being eroded in New York, if not the rest of America, including the right to life, gun-possession rights, as well as high taxes, freedom of religion and freedom of the press.

First built in 1828 the Union Hotel in Corfu has certainly seen better days.

The hotel was a stagecoach stop for weary travelers passing through Western New York in the 19th century.

Decades ago, it ceased operation as a hotel and became a restaurant and bar with a bowling alley added on.

About six months ago, Tom and Mary Dix, owners of Jay Potter Lumber in Corfu, closed on a purchase offer for the property. Tom has been talking with perspective restaurant operators but has yet to reach an agreement with a tenant.

In the meantime, he has been making repairs, most notably fixing a leak in the roof, with the goal of doing the restoration work necessary to make it an attractive place for a restaurateur. 

"The plan right now is just to get it to not fall apart anymore," Dix said. "I would like to have a restaurant and a bar. There needs to be one in this area.

"If you live here, you have to go to Batavia or you have to go out of the town or the county to go to a restaurant. In this area there really isn't one that does dinner and that does late night activity for the younger crowd."

If you're using The Batavian's app, click here to view the video on thebatavian.com.

Batavia PD officers report that traffic lights are out at West Main and River Street and Main and Oak streets.

National Grid is conducting a planned power outage affecting about 500 customers along West Main Street until about 2 a.m.

The outage was originally scheduled for last weekend but was postponed a week because of winter weather.

The outage is necessary, according to a National Grid spokesman, because the utility must replace a damaged piece of equipment.

Two people have been transported, including one by Mercy Flight, from the site of an accident involving a manure spreader and a van in the area of 6385 North Bergen Road, Byron.

The county's Crash Management Team is investigating the accident.

Byron and South Byron volunteer fire departments are on scene. Bergen's ambulance also responded.

One person was reportedly entrapped in a vehicle following the accident and extrication was required.

UPDATE Midnight: A work van with two male occupants rear-ended a manure spreader on North Bergen Road that was returning to the farm after working a nearby field.

The spreader was equipped with reflectors, said Byron Chief Robert Mruczek.

The driver and the passenger in the van were transported to Strong Memorial Hospital, one by Mercy Flight.

A short extrication was required for one of the patients, Mruczek said.

The driver of the farm equipment was transported to UMMC for evaluation.

The manure spreader was barely damaged.

"It's a strong piece of machinery," Mruczek said. "It's very solid."

The Sheriff's Office is investigating the accident and the names of those involved have not yet been released.

Information and photos via Alecia Kaus/Video News Service.

Harmony J. Alexander, 22, black female, 5’2” 120 lbs., Brown/Black hair, brown eyes. Last known address, Lark Street, Rochester.

Arrest warrant for alleged grand larceny 4^th (felony) PL 155.30-1 and conspiracy 5^th PL 105.05-1 (misdemeanor) Batavia Town Court. Date of warrant: 1/25/19.

Duty E. Caswell, 27, white male, 6’3” 160 lbs., blond hair, blue eyes. Last known address, Cary Avenue, Oakfield.

Bench warrant for alleged aggravated DWI/DWI VTL 1192-2aa/1192-3 (misdemeanor) Oakfield Town Court. Date of warrant: 12/5/17

Arrest warrant for alleged bail jumping 3^rd PL 215.55 (misdemeanor) Oakfield Town Court. Date of warrant:  1/26/18

Bench warrant for alleged violation of probation (misdemeanor) Pembroke Town Court. Date of warrant: 12/14/17

Erica M. Raphael, 34, white female, 5’3” 115 lbs., brown hair, blue eyes. Last known address, Pratt Road, Batavia.

Bench warrant for alleged petit larceny PL 155.25 (misdemeanor) Batavia Town Court. Date of warrant: 9/24/18

Arrest warrant for alleged bail jumping 3^rd PL 215.55 (misdemeanor) Batavia Town Court. Date of warrant: 10/29/18

Benjamin J. Skubis, 24, white male, 5’11” 140 lbs., brown hair, brown eyes. Last known address, Colby Road, Darien.

Bench warrant for alleged DWI VTL 1192-2/1192-3 (misdemeanor) Alabama Town Court. Date of warrant:  6/13/18

Arrest warrant for alleged bail jumping 3^rd PL 215.55 (misdemeanor) Alabama Town Court. Date of warrant: 2/5/19

Lorrie J. Shanley, 48, white female, 5’6” 230 lbs., blond hair, brown eyes. Last known address: Chili Avenue, Churchville.

Bench warrant for alleged aggravated unlicensed operation 2^nd VTL 511-2a4 (misdemeanor) Stafford Town Court. Date of warrant: 1/10/19

Arrest warrant for alleged bail jumping 3^rd PL 215.55 (misdemeanor) Stafford Town Court. Date of warrant: 1/29/19

Tanisha L. Mack, 39, black female, 5’3” 110 lbs., brown hair, brown eyes. Last known address: Eastman Avenue, Rochester.

Bench warrant for alleged aggravated unlicensed operation 3^rd VTL 511-1a (misdemeanor) Pembroke Town Court. Date of warrant: 5/11/18

Arrest warrant for alleged bail jumping 3^rd PL 215.55 (misdemeanor) Pembroke Town Court. Date of warrant: 6/13/18

If you are able to assist the Sheriff's Office in locating these people, the Sheriff's Office asks that you do not approach these people and that you call (585) 343-5000 with information that may assist in locating the suspects.

Press release:

With a 55-49 loss to Eastridge on Thursday night, the Batavia Blue Devils finished out their season with a 10-10 record and ranked #7 in Section V Class B1 basketball.

Mason McFollins scored 28 points, hitting five three-point jumpers. Camden White scored nine points and Andrew Francis scored six.

The Blue Devils jumped out to an early lead and edged Eastridge 12 to 9 at the end of the first quarter continued to lead at the half 21-18. 

Batavia's undoing, perhaps, was starting the second half without scoring for seven minutes. The team's only points came on a McFollins' three-pointer in the final minute of the third quarter.

Eastridge scored 22 points in the third. 

For Eastridge, Jahmel Demery scored 14 points, Jordan Capers, 12, and Jalen Rose Hannah scored 10.

Photos by Steve Ognibene.

To view or purchase photos, click here.

Press release:

The Batavia Muckdogs and Miami Marlins have announced that Jorge Hernandez has been named Manager of the Muckdogs for the 2019 season. The move comes after the promotion of Mike Jacobs to the Marlins Low-A affiliate in Clinton, Iowa after two seasons in Batavia.

Hernandez is entering his 13th year with the Marlins organization after spending the past five as Infield Coordinator. 2019 marks his fifth season managing within the Marlins system after spending four seasons as manager of the Gulf Coast Marlins and one as manager of the Single-A Greensboro Grasshoppers. Hernandez spent the 2008 season as the hitting coach in Greensboro and 2007 season as hitting coach for the Gulf Coast League Marlins. He began coaching professionally in 2004 as hitting coach with the Pensacola Pelicans.

Hernandez began coaching in 1993 as the hitting coach for the University of Mobile. From there he spent two seasons at Texas A&M University – Corpus Christi. In 2003, he was the hitting coach at the University of West Florida. Hernandez is a former ninth-round pick of the Houston Astros in 1986, but did not sign. He earned All-Conference honors at Troy State University and was a member of the Trojans team that won the 1987 Division II World Series. In addition, he was a member of the 1984 American Legion World Series championship squad.

Hernandez and his wife, Hilma, reside in Frisco, Texas. The couple has a daughter, Haley, and a son, Eric.

Hernandez is joined by three new additions to the Muckdogs coaching staff for the 2019 season. 

Mike Jacobs, the Muckdogs' manager the past two seasons, has been promoted and will manage the Class A Clinton LumberKings in 2019.

An attorney for residents of Presidential Acres in Le Roy said today following a hearing in Genesee County Supreme Court that her clients are proceeding with an appeal of a ruling against their attempt to overturn a Town of Darien judge's dismissal of their effort to enforce a Zoning Board of Appeals decision.

The residents, with Steve Barbeau as lead plaintiff, believe that Pete McQuillen should use a driveway on Robbins Road, and not on Fillmore Street, to access an auxiliary structure and residence on his property at 9313 Robbins Road, Le Roy.

They believe a ZBA decision requires McQuillen and any visitors to his property to use the Robbins Road driveway.

In January, Justice Emilio Colaiacovo dismissed an Article 78 motion by Barbeau and co-petitioners to overturn a decision by Darien Town Justice Michelle Krzemien dismissing a criminal complaint against McQuillen that was based on the ZBA decision for allegedly violating Village of Le Roy code.

In that ruling, Colaiacovo used harsh language to criticize the actions of the petitioners and also said Krzemien was within her authority to dismiss the criminal charges "in the interest of justice." 

He ordered a hearing, scheduled for this morning, on repayment of attorneys fees for the Town of Darien stemming from the Article 78 petition challenging her decision and right to make the decision.

At the hearing this morning, attorney David M. DiMatteo, representing the Town of Darien, said the town and judge were waiving a claim on reimbursement of attorney fees.

After court, DiMatteo explained that the fees expended so far were covered by insurance but if the town were involved in the ongoing appeal, the town could incur expenses that would not be covered by insurance. 

"It's not really our fight," he said.

Amy Kendall, representing Barbeau and the other plaintiffs, confirmed for Colaiacovo that the petitioners' appeal excludes Krzemien and lets stand his ruling that Krzemien acted within her authority as a town justice.

After court Kendall said the appeal is an attempt to enforce the ZBA decision and is focused on those topics of the Article 78 proceeding.

Pete McQuillen and Judith McQuillen were in court this morning as observers.

Previously: Latest court ruling doesn't look like end of long-running neighborhood dispute in Le Roy

There is a winter weather advisory in effect until 1 a.m. and weather radar indicates a winter storm is going to continue to pass right over Genesee Count for a while yet.

Lake effect snow of 1 to 3 inches is expected.

I just drove from Bergen to Batavia on Route 33, rarely going faster than 15 mph, often in zero-visibility circumstances. Roads are covered in snow and snow drifts are developing on some roadways.

There have been a number of minor accidents reported this evening.

The Elba Central School Drama Club presents Disney's "Beauty and the Beast" this week with performances on Friday and Saturday.

Performers, in a cast of 45 people, include Lindsay Augello as Belle, Garrett Sinemus as Beast and Young Prince, Devyn Reigle as Gaston, Carolyn Sybertz as Lumiere, Herman Sinemus as Cogsworth, Lucy LoBello as Mrs. Potts, and Elliott Walsh as Chip. Steve Hawley is the narrator.

Performances are in the Elba Central School Auditorium at 7 p.m. on Friday, and Saturday at 2 and 7 p.m. The school is located at 57 S. Main St., Elba.

Presale tickets are $6 for students and seniors and $8 for adults, available at Roxy's Music Store and the ECSD Office.

All tickets are $10 at the door.

Press release:

Batavia Downs Gaming & Hotel has announced they will be putting on their very own Woodstock Tribute with “BATAVIASTOCK,” taking place on Saturday, July 20th. The show will consist of five tribute bands of artists who played at the original Woodstock Festival and will be headlined by Melanie, who actually performed at Woodstock in 1969.

Other performers include: Green River Revival – A Creedence Clearwater Revival Tribute, Abraxas – a Santana and Sly & the Family Stone Tribute, The Who Show – a Who Tribute, and Piece of My Heart – a Janis Joplin Tribute.

Concert Headliner Melanie hails from Queens and was one of only three women who performed solo at Woodstock in the summer of '69, playing on the first day of the festival. Known for her hits "Brand New Key," "Ruby Tuesday," "What Have They Done to My Song Ma," and "Lay Down (Candles in the Rain)," she continues to perform across the country. She will be joined by her daughter, Layla.

Tickets will be available at www.BataviaConcerts.com beginning at 10 a.m. on Thursday, Feb. 14th. Individual pre-ale tickets will be $10 for General Admission while VIP tickets will again be just $15. Concertgoers will be able to purchase tickets in the Premium Section directly in front of the stage for $20. Tickets can also be purchased at Batavia Downs Gaming & Hotel at the Lucky Treasures Gift Shop located in the lobby.

“With the original Woodstock festival celebrating its 50th anniversary, we were inspired to put on an event that showcases tribute acts from that iconic concert,” said Henry Wojtaszek, CEO/president of Batavia Downs Gaming. “We are so pleased to welcome Melanie, who performed at the original Woodstock, to our stage as well.”

Hotel room/ticket packages will be available. Purchase of a hotel room on the night of a concert using the code BS720 includes two VIP tickets to the show while supplies last. Each concert ticket is also redeemable once at Player’s Club in the three days following the concert for $10 Free Play to be used on one of Batavia Downs Gaming’s 800+ gaming machines. The concert is held Rain or Shine. Additional information may be found at www.BataviaConcerts.com under the BataviaStock event.

Longtime rival Notre Dame stopped Elba's effort to finish the regular season undefeated Tuesday night, beating the Lancers on their home court, 59-47.

Elba is now 18-1 and the Lady Irish are 18-2. Both teams have 13 league wins and so finish the regular season tied atop the Genesee Region.

Entering Class D2 sectional play, Elba should be the #1 seed as it shoots for its third consecutive sectional title.

Notre Dame is ranked #6 in Class B1. Batavia High School is ranked #1 entering into sectionals.

For the Irish, Callie McCulley scored 23 points and had 13 rebounds. Stevie Wilcox scored 12 points and had seven rebounds. Morgan Rhodes scored 10 points and Amelia McCulley scored eight.

UPDATE: Stats for Elba: Taylor Augello, 19 points and eight rebounds. Maddie Muelhig, 13 points, and Leah Bezon, seven points and seven rebounds.

A motor-vehicle accident with injuries is reported at North Byron Road and Transit Road, Elba.

Elba fire and Mercy EMS dispatched. Byron's ambulance also requested to the scene.

Press release:

Ricky Palermo’s tireless efforts to raise money for spinal cord research will be recognized when he receives the prestigious Major Donald Holleder Award at the 70th annual Rochester Press-Radio Club Day of Champions Children’s Charities Dinner, Wednesday, April 3, at the Joseph A. Floreano Rochester Riverside Convention Center.

The award is named after Holleder, a former Aquinas Institute and U.S. Military Academy football star who was killed in a Vietnam War battle while attempting to rescue several wounded members of his battalion. It is presented annually to an individual who exhibits the character, courage and achievement displayed by Holleder.

Palermo, a former three-sport most valuable player at Byron-Bergen High School, was paralyzed in an automobile accident in 1981. Since 1997, he and his foundation have held an annual golf tournament and auction that has raised more than $1.4 million. The funds have been contributed to The Miami Project, a pioneering spinal injury research organization, as well as to local organizations, such the Batavia YMCA bike program for people with neurological challenges.

Palermo will be honored at the dinner, which features 2018 NFL MVP Patrick Mahomes of the Kansas City Chiefs as the Coca-Cola Sports Personality of the Year and other award winners.

Tickets for the dinner are $135, with a table of 10 available for a discounted price of $1,250.  To reserve tickets or packages, call 585-340-1460. Credit cards or money orders are accepted as payment. 

The club gratefully acknowledges its corporate sponsors: Coca-Cola of Northern New England, ConServe, the Democrat and Chronicle, ESL Federal Credit Union, the Rochester Red Wings, and the Rochester NY Sports Commission.  

Photo: File photo, Ricky Palermo with his cousin John Curtiss.

In response to a request for information on the lack of a snow fence and plow times on Route 98 the day of a double fatal accident in Elba, the state Department of Transportation issued a statement today that didn't address either issue.

A spokesman did not respond, after several hours, to The Batavian's request for information on those specific issues.

Here's the DOT's official statement about the crash Feb. 2 that took the lives of mother and son, Teresa M. Norton, 53, and Thomas M. Norton, 22, both of Albion:

This was a tragic incident. DOT’s primary focus is highway safety, which includes snow and ice preparation and response. We maintain thousands of miles on highways statewide and follow snow and ice guidelines to address severe winter weather in Upstate New York. DOT’s maintenance crews were working diligently throughout that weekend in Genesee County, engaged in snow and ice operations on state highways.

The accident occurred within days of significant snowfall when the wind was blowing at about 30 mph through the county. There were significant snow drives across patches of Route 98 that afternoon, including one where Teresa Norton's 2008 Suzuki slide sideways through heavy snow and was hit broadside by a pickup truck.  

Both mother and son were pronounced dead at the scene.

Press release:

Senator Michael H. Ranzenhofer has shared his concerns with recently reintroduced legislation, the Farmworkers Fair Labor Practices Act (S2837), in a letter to the bill’s Senate sponsor, Senator Jessica Ramos.

Senator Ranzenhofer is requesting that the bill’s sponsor garner feedback from the agriculture industry.

“For years, many local farmers have shared their fears regarding serious unintended consequences of this legislation,” said Ranzenhofer in the letter. “Agriculture is the largest industry in the state, and I believe it is critically important that local farmer concerns and the concerns of the greater agriculture community be heard.”

Senator Ranzenhofer believes that the proposal could have a devastating impact on local jobs and family farms.

“Simply put, the stakes have never been higher for farmers across New York State and additional employer mandates could have catastrophic consequences for many rural Upstate communities and consumers,” Ranzenhofer said.

Friends and family surrounded Kimberly Albanese and David Robb on Sunday evening in Elba with love and support as they mourned and remembered their mother, Teresa M. Norton, and brother, Thomas M. Norton, at the spot on Route 98 where they were killed eight days earlier.

Teresa, 53, and Thomas, 22, both of Albion, were northbound on Oak Orchard Road when the 2008 Suzuki SUV Teresa was driving hit a deep patch of snow that had blown across the roadway. The Suzuki slid sideways and was struck by a southbound pickup truck.

Both mother and son died at the scene of the accident.

"She was a great mom," Albanese said. "She tried her best. She was my best friend. I miss her so much. Every day I want to call her just to ask her if everything is great. I don't know how I'm going to raise my 2-year-old and my baby. I have a baby due in two months.

"That's when you need your mom the most. My kids are never going to know her. And my brother was only 22. His birthday is in two weeks and he just, he got cheated out of life so much. But what are you going to do? You just go day by day."

A GoFundMe online fundraiser also has been established to assist the family, which has not only suffered the loss of Teresa and Thomas but they are also dealing with the health issues faced by Roger Norton, Teresa's husband. He has been in intensive care at Strong Memorial Hospital since several weeks prior to the accident.

Write-up and photos submitted by Coach Matt Holman:

The regular season came to a close this past Saturday as the Southern Tier Race League marked senior day at Swain. After canceling a race on Wednesday due to freezing rain and warm temperatures, the conditions were hard and icy for a two-run GS, followed by a single slalom race.

The Batavia girls finished the regular season with a fifth-place finish in the afternoon race slalom led by Tess Cerefin, who capped her senior season with the best finishes of her career, a pair of 15th-place finishes. Lily Whiting finished in 18th place in slalom. The morning GS produced a fourth-place team finish, led by Aubrey Towner, who was 13th.

On the season, the girls finished in fourth place in the Southern Tier Race League, with all three girls collecting points for finishing in the top 15. Aubrey Towner was 16th place, Lily Whiting was 21st and Tess Cerefin was 22nd.

Zach Wagner finished the morning GS race in 23rd place, followed up by a 22nd-place finish in the afternoon slalom. He finished the season in 23rd place for the boys on the season.

The modified team finished the day with a pair of fifth-place finishes. In GS Ben Stone had the best individual finish, but Ethan Bradley was the top overall finisher at 21st and Lily Wagner at 22nd. In slalom, Ethan was the top finisher at 20th, followed by Lily at 22nd and Ben at 23rd.

The Varsity skiers will compete at sectionals at Swain on Tuesday the 12th for the boys and Wednesday the 13th for the girls.
 

Team photo: Lily Wagner, Lily Whiting, Zach Wagner, Tess Cerefin, Ben Stone, Ethan Bradley, Aubrey Towner.

Aubrey Towner

Zach Wagnerski

Tess Cerefinski

Lily Whiting