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Law and Order: Batavia man accused of impersonating cop, swearing publicly, being disorderly, resisting arrest

By Billie Owens

Paul Ralph Avino, 46, of Ellicott Street, Batavia, is charged with: disorderly conduct; obstruction; resisting arrest; criminal impersonation of police officer in the first degree; and obstruction of governmental administration. Following a complaint at Six Flags Darien Lake at 7:31 p.m. on July 31, Avino was arrested. He was allegedly swearing in a public place; and he allegedly resisted arrest and obstructed governmental administration. He is accused of possessing a police badge and he is not a police officer. Avino was released on an appearance ticket and he is due in Darien Town Court on Sept. 3 to answer the charges. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Morgan Ashlee Brown, 25, of Wyoming Road, Wyoming, is charged with third-degree assault. At 9:39 p.m. on July 31, Brown was arrested following the investigation of a domestic incident that occurred on July 25 on Ellicott Street Road in Pavilion. Brown was issued an appearance ticket and is due in Pavilion Town Court on Aug. 6. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Brittany M. Smith, 27, of Pringle Avenue, Batavia, is charged with second-degree harassment -- making physical threats. She was arrested at 9:26 a.m. on July 29 after allegedly threatening to assault Department of Social Services case workers during a child house visit. She was released on an appearance ticket for Batavia City Court Aug. 6. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Miah Stevens.

Penny B. Hargrave, 52, of Morrow Road, Pavilion, is charged with: driving while intoxicated; failure to keep right; moving from lane unsafely; leaving the scene of a motor-vehicle accident; and refusal to take a breath test. At 11:11 p.m. on July 30 on Ellicott Street Road, Pavilion, Hargrave was arrested, arraigned in Pavilion Town Court and directed to return to court on Aug. 6. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando, assisted by Deputy James Stack.

Duane K. Miller, 54, of Linwood Avenue, Warsaw, is charged with obstruction of governmental administration and illegal use of toxic vapors. Miller was arrested at 3:25 p.m. July 29 on West Main Street in Batavia. He was allegedly located huffing from an aersol can and refused commands to stop the behavior while being taken into custody. He was arraigned in Batavia City Court and jailed in lieu of unspecified bail. He was due to return to court today (Aug. 1). The case was handled by Batavia Police Officer Christopher Lindsay.

Kyle L. Humphres, 33, of Rockefeller Road, Phelps, is charged with second-degree criminal contempt. On July 31 he responded to Batavia Police Department and turned himself in on a warrant stemming from an unspecified incident on Willow Street in Batavia on Feb. 22. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. He is due back in city court on Aug. 22. The case was handled by Batavia Police Officer Felicia DeGroot.

Christian Saez, 30, of Copeland Street, Rochester, is charged with petit larceny. He was arrested at 11:46 a.m. on July 12 after allegedly attempting to steal seafood from a grocery store. He was issued an appearance ticket for July 30 in Batavia City Court. The case was handled by Batavia Police Officer Peter Post.

Hector M. Arroyo, 44, of Mustang Circle, Geneseo, is charged with petit larceny. At 6:36 p.m. on July 29, Arroyo was arrested on East Main Street in Batavia after allegedly shoplifting from a local business. He was jailed in lieu of $1,000 cash or $2,500 bond. He was due to return to Batavia City Court on July 30. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Felicia DeGroot.

Jenna Marie Lange, 36, of Mustang Circle, Geneseo, is charged with attempted petit larceny. Lange was arrested after a shoplifting incident at a store on East Main Street Road in Batavia at 6:36 p.m. on July 29. She was issued an appearance ticket and was due in Batavia City Court on July 30. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Felicia DeGroot.

Shawntoy L. Pryor, 33, of Stockbridge Avenue, Buffalo, is charged with trespass. The defendant was arrested after allegedly trespassing on private property at 11:50 a.m. on July 12 on East Main Street in Batavia. He responded to Batavia Police Department headquarters and was issued an appearance ticket for Aug. 20 in Batavia City Court. The case was handled by Batavia Police Officer Marc Lawrence.

Car vs. bicycle accident reported in Darien

By Billie Owens

A car vs. bicycle accident is reported on Route 77 at Sumner Road. Darien Fire Department and Mercy medics are responding. A second ambulance is requested for an elderly female at the scene who has heart trouble and has difficulty breathing.

Mercy Flight was called for the bicyclist, then cancelled. The bicyclist will be transported to a hospital by ground ambulance.

Handyman services available to GC residents 60 and older who need minor home repairs

By Billie Owens

Press release:

If you are a Genesee County resident 60 or older (or you know someone who is) and would like help with small repairs to your home, inside or out, let the Handyman help.

The Handyman Program, offered through the Pathstone Corporation and funded by the Muriel Marshall Fund, is a home maintenance and minor repair program.

According to a comment posted by program supervisor John Wiltse, and confirmed by Office of the Aging specialist Maureen Estabrooks, there is no charge for lower-income seniors needing grab bars or hand rails installed or other services with modest materials costs.

Wiltse says seniors may need to cover part of the cost of materials, depending on the dollar amount. For higher-income seniors, the program requests a donation of $10/hr. for handyman labor to help offset program costs.

Call NY Connects/Office for the Aging at 343-1611 for more information.

A sampling of services is as follows:

  • Install grab-bars
  • Repair entry steps Install hand rails
  • Repair porches
  • Electrical repairs
  • Window and door repairs
  • Install weather stripping
  • Gutter repairs
  • Install smoke detectors/change batteries
  • Hang pictures
  • Fix faucets
  • Unclog drains
  • Install mailboxes
  • Install locksets & deadbolts

Register for networking event celebrating 60th anniversary of the Harvester Center

By Billie Owens

The business community is invited to celebrate the 60th anniversary of the Harvester Center in Batavia, the world's first business incubator.

In partnership with Start-Up Genesee, which is the networking event coordinator, and the Genesee County Chamber of Commerce, the anniversary celebration will take place from 4 to 6 p.m. on Thursday, Aug. 15. The address is 22 Masse Place.

These organizations are thrilled to have such a unique and forward-thinking facility in our county.

Catering will be provided by D & R Depot Restaurant.

There is no cost to attend, but registration is required.

Click here to find out more and click the button on the right side of the page to register. Or call 343-2800.

Car vs. pole accident reported in Bergen

By Billie Owens

A car vs. pole accident is reported in Bergen. The driver is out walking around with a possible leg injury. The address is 7682 Clinton Street Road, between Dublin and Jericho roads. Bergen Fire Department and Mercy medics are responding.

UPDATE 12:25 p.m.: Bergen command orders all equipment held in quarters. The pole is completely sheared in half; a couple of cable lines are attached to it. National Grid is notified; no ETA.

UPDATE 12:27 p.m.: The Mercy unit is put back in service; no need for response.

Batavia's history-making manager Gene Baker selected for NYPL Hall of Fame

By Howard B. Owens

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Press release:

For the second year in a row, Batavia will be honored with an inductee to the New York Penn League Hall of Fame.

The 2019 class features Batavia's Gene Baker, who was not only an outstanding player and manager, but a pioneer in breaking the color barrier in Minor and Major League Baseball.

Baker will be joined in the NYPL Hall of Fame with Jane Rogers, Josiah Viera and Bernie Williams.

The purpose of the New York‐Penn League Hall of Fame is to recognize individuals for their overall accomplishments and contributions to the league, on the field of play or in an administrative role, in addition to their overall career in baseball.

“As the oldest, continuously operated Class-A league in professional baseball, the list of players, coaches, field managers, general managers, and owners reads like a Who’s Who of Baseball,” said Ben Hayes, president of the New York‐Penn League. “We are proud to induct another class of extraordinary nominees.”

The following individuals comprise the New York‐Penn League’s 2019 Hall of Fame Class:

GENE BAKER

A man of firsts, Baker played a significant role in the history of the New York-Penn League and baseball in general when he broke the managerial color barrier by becoming the first African-American manager in organized baseball when the Pittsburgh Pirates named him skipper of the Batavia club in 1961.

In 1963, he became the second black coach in the major leagues following Buck O’Neill by a half season. He can also be credited with being the first black manager in Major League Baseball when he took over for ejected Pirates Manager Danny Murtaugh on Sept. 21, 1963.

After his coaching days, Baker spent many years as a scout for the Pirates' organization. He spent eight seasons in the majors with the Cubs and Pirates and was the first African-American player to ever make the Chicago Cubs' roster in 1953.

JANE ROGERS

As the first person hired by the Staten Island Yankees in 1999, Jane Rogers has been with the club for the entirety of its 20-year history in New York City.

Originally hired as the organization’s office manager, Rogers has progressed through various roles, including that of general manager, and her current position as senior vice-president, Baseball Operations.

Her tireless efforts leading the organization, and in particular the club’s relationship with the New York Yankees, have led to strong relationships with players and front office administrators alike. Rogers’ personality, generosity and kindness have led to her holding a special place in the hearts of many present Major League superstars.

During the three months that followed the tragic events of Sept. 11, 2001, Rogers was responsible for managing Richmond County Bank Ballpark’s operations, which included a 24-hour/7-day-a-week distribution center for NYFD, NYPD and other city agencies that used the ballpark for a staging area.

Over the past two decades, she has mentored and led countless former SI Yankees employees, who have gone on to become executives throughout organized baseball. In addition, Rogers has been an important contributor to the Staten Island community and the New York-Penn League as a whole.

JOSIAH VIERA

Josiah captured the hearts of baseball fans around the country during his life, but it was in the New York-Penn League, with the State College Spikes, that his impact was most directly felt.

Josiah was born with Hutchinson-Guilford progeria, a rapid aging condition. His joyous spirit and enthusiasm was a source of inspiration for players, coaches, staff and fans. During his time as the Spikes' honorary bench coach, Josiah helped propel the club to three Pinckney Division titles and New York-Penn League championships in 2014 and 2016.

Just like all of the other coaches, Josiah gave instructions, encouraged players and exhorted them with his life’s motto, “Never Give Up.”

His presence created an unforgettable moment at the 2019 NYPL All-Star Game, held at his home field, in State College, Pa. As he made the final pitching change of the game, he left the field to a standing ovation from both teams and every fan in attendance.

Late in 2019, Josiah passed away at the age of 14. While he is greatly missed by every member of the Spikes and the New York-Penn League family, Josiah's spirit remains as a shining example of determination and perseverance in the game of baseball and the game of life.

BERNIE WILLIAMS

Williams hit .344 as a member of the 1987 Oneonta Yankees playing in 25 games before a promotion to Ft. Lauderdale, Fla. He made his Major League debut with the N.Y. Yankees on July 7, 1991 and would go on to play his entire 16-year MLB career in pinstripes. In his 16 seasons, he collected 2,336 hits, 449 doubles, 287 HR and 1,257 RBI to go along with a lifetime batting average of .297. He is a four-time World Series champion and the all-time leader in postseason RBI with 80. He also ranks second all-time in postseason HR (22), hits (128), doubles (29), total bases (223), and runs (83).

A five-time All-Star and four-time Gold Glove winner, Williams won the 1996 ALCS MVP, 2002 Silver Slugger and 1998 AL Batting Title. He joined Yankee immortals by having his number 51 retired in 2015.

The New York‐Penn League Hall of Fame was established in 2012. Inductees are nominated and voted on by New York-Penn League club officials.

Inductions are scheduled to take place on Aug. 21, during pregame ceremonies at the 2019 New York‐Penn League All‐Star Game at Richmond County Bank Ballpark, home of the Staten Island Yankees.

Last year, the late Wayne Fuller was joined in the Hall of Fame with Marvin Goldklang and Andres Galarraga.

Fuller's voice was a constant in Batavia, the birthplace of the New York-Penn League. For almost four decades Wayne served various roles for his hometown team including radio broadcaster, PA announcer and official scorer from his spot in the Batavia press box which was named the Wayne H. Fuller Press Box in 2009.

Orr's ninth-inning hit lifts Muckdogs to 6-5 win

By Howard B. Owens

Press release:

The Tri-City ValleyCats kept J.D. Orr hitless on Tuesday night, a rain-shortened 1-0 Batavia Muckdogs win. It snapped a 10-game hitting streak for Orr.

Wednesday night, Orr made the ValleyCats pay. With one out in the ninth inning and Batavia trailing, 5-4, Orr laced a two-RBI single to left and the Muckdogs held on to win, 6-5.

It is the third straight win for the first-place Muckdogs, who are 27-18. The Muckdogs had a lot of help as the three teams chasing Batavia for first place in the New York-Penn League Pinckney Division all lost on Wednesday.

West Virginia (22-21) now trails Batavia by four games, Mahoning Vally trails by five along with State College, Pa., and Auburn. The only team to win on Wednesday in the Division was 15-29 Williamsport.

Batavia Manager Tom Lawless used five pitchers in the victory, but the last one he turned to was closer Evan Brabrand, who pitched a perfect ninth with a strikeout. Brabrand, a ninth-round draft pick of the Miami Marlins, picked up his ninth save of the season. In 11 appearances he has the nine saves, a 2-1 record and in 10.1 innings has struck out 15.

Orr, a left-handed outfielder who was drafted in the 10th round this year by the Marlins out of Wright State in Dayton, Ohio, hit third in the lineup Wednesday and went 2-for-4 with three RBIs, a run and a walk. Orr, who has 20 stolen bases on the season, is hitting .368.

Batavia had a lead in the sixth when newest Muckdog Julian Infante belted a two-run home run to left field for a 3-2 lead. C.J. Stubbs hit his fifth home run of the season in the bottom of the eighth for Tri City and Batavia was down to their last three outs.

However, Orr's single brought in Milton Smith II and Jack Strunc.

Strunc (run), catcher Andres Storms (double, run) and Rosario all had hits.

Geremy Galindez improved to 3-0 on the season with the win, as he pitched the eighth. Julio Frias started and went five innings, striking out five, allowing one walk and two runs. Brock Love, a 34th-round pick out of Alabama came in a tough situation and went 1.1 innings, pitching perfect baseball with two strikeouts. Love has a 0.00 ERA this season for the Muckdogs in five appearances and 6.2 innings.

Batavia is at Tri-City Thursday then returns home to Batavia on Friday to play the Connecticut Tigers. Check muckdogs.com for a new ticket special for Friday's game, a family four-pack of tickets is just $20. The game is at 7:05 p.m.

Batavia PD alerts public to road closures during GLOW Corporate Cup

By Howard B. Owens

Press release:

The GLOW Corporate Cup is tonight starting at 6 o'clock in Centennial Park. The 5K race will be traversing through several streets in the northeast section of the city.

Temporary road closures are expected on Richmond Avenue and Ellicott Avenue, along with other streets in the northeast area. Vehicular traffic should expect delays.

If possible, vehicles should avoid the area between 5:30 - 6:30 p.m. and be cognisant of the runners, who will be using city streets.

A map of the racecourse and further information about the event can be found at http://www.glowcorporatecup.org/

Car hits bike on Bank Street Road, minor injuries reported

By Howard B. Owens

A car has reportedly hit a bicyclist in the area of 8020 Bank Street Road, Batavia.

Minor injuries reported.

Town of Batavia fire dispatched along with Mercy EMS.

UPDATE 7:33 p.m. Town of Batavia fire is back in service.

Photos: Volunteers spruce up a pair of homes in Batavia

By James Burns

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Volunteers from City Church and the national outreach program Eight Days of Hope went to two homes in Batavia -- one on Warren Street, the other on Cherry -- and made numerous repairs to the structures, at no charge, for the residents. City Church identified the homeowners who could use the assistance.

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Volunteers critically needed to help older GC adults with meal delivery, medical transportation, home visits and more

By Billie Owens

Press release:

There is an immediate need for volunteers to help older adults in Genesee County for: Meals on Wheels delivery; friendly home visits; budgeting and bill paying; out-of-county medical transportation; and delivery of library materials.

“My parents live in a town that doesn’t provide much in the way of supportive services," says a volunteer who fits in meal delivery on her lunch break from her job once a month. "As a Meals on Wheels volunteer here in Genesee County, I became aware of just how lucky we are to have this program, as well as so many others that are funded by the Marshall Fund.

"But, of course, even with funding, they wouldn’t be possible without the help of volunteers.”

That's so true, according to Courtney Iburi, director of the RSVP Volunteer Placement Program, “She is so right, the volunteers are absolutely necessary to the continuation of these critical programs.”

For as little as a couple of hours a month, you can help people live safely and independently in their homes. Opportunities are flexible to meet your needs.

Do you enjoy having a friendly conversation, driving, or organizing bills? If so, you can have a major impact in the lives of your neighbors and their loved ones.

Supplemental liability insurance is provided to all volunteers and mileage reimbursement may be available for some assignments.

Interested adults may contact Courtney Iburi, director of the RSVP Volunteer Placement Program at the Office for the Aging, at 585-343-1611.

Power lines are down across Warboys Road in Byron

By Billie Owens

Electricity lines are down across the roadway on Warboys Road in Byron, half a mile east of Route 237. Byron and South Byron fire departments are responding.

UPDATE 3:56 p.m.: The address is 6418 Warboys Road.

UPDATE 4:50 p.m.: The eastbound lane is open. A cable wire across the roadway is "still connected at both end," says the scene commander. The cable company is called.

Promoting skilled trades: Henry J. Mager Golf Tourney is Sept. 7 at Terry Hills -- golfers, sponsors, prizes wanted

By Billie Owens

Press release:

Seventy-two years ago, Henry J. Mager founded Arctic Refrigeration in his garage. Over a span of 60 years, he built the Batavia company into a successful mechanical contracting firm. Mager never obtained a college degree, but he could engineer a solution to any obstacle that posed a problem.

He was constantly thinking of better ways to do things, and inventing ways to do them.

In 2009, Henry passed away from a lengthy battle with cancer. His legacy lives on, and the Cedar Street business he built is looking to give back to the community.

In hopes of maintaining this legacy, to promote technical (trade) education to future generations, and support local cancer-based charities, the Mager Family and Arctic Refrigeration have hosted a charity golf tournament every year since Henry's passing.

The scholarship and charitable donations are funded entirely by community fundraising and local corporate donations though the golf tournament. This is the 10th year for the annual Henry J. Mager Memorial Scholarship Golf Tournament, which will be hosted by Terry Hills Golf Course on Sept. 7th.

In the United States today, we are at an emergency level of underemployment in the building trades. People entering the job market as plumbers, electricians, carpenters, welders and mechanics is at an all-time low.

We hope to promote the trades, and encourage our youth to enter these fields. Traditionally, we offer at least one $1,000 scholarship to an area youth who decides to pursue a technical or trade education; many years we've given two of these awards as the applicants were very impressive.

Do you know of an area youth that may be interested in entering the building trades? We humbly ask teachers, counselors, aunts and uncles, friends and parents to nominate the recipients, as we find many trade students will not apply themselves.

Would you or your business like to support the trades in our area? We are now accepting golfers, sponsors and prize donations for our tournament on Sept 7th.

Sponsorship opportunities include:

  • Corporate Sponsorship -- $450 -- Hole sponsorship, corporate name and logo on promotional materials, golf foursome with gift bags, drinks (beer, water, soda), lunch for four, chicken dinner for four, awards presentation;
  • Team Entry -- $375 -- Golf foursome with gift bags, drinks (beer, water, soda), lunch for four, chicken dinner for four, awards presentation;
  • Hole Sponsorship -- $175 -- Sponsor a hole on the golf course, designated by your corporate sign, corporate name and logo on promotional materials, chicken dinner for two (please confirm dinner with payment), award presentation (no golf included in this option).

On the day of the event, registration and lunch begins at noon. Shotgun start is at 1 p.m. The tournament features 18 holes of golf with cart and scramble scoring. Chicken dinner, with awards and raffles, to follow. All proceeds benefit Henry J. Mager Scholarship Fund and a donation to Roswell Park Cancer Institute.

For golfer information, sponsor information, or to donate to the scholarship, please contact:

Jon Mager: Jonmager@arcticrefrigeration.com

or

Teresa Tamfer: Ttamfer@arcticrefrigeration.com

As we enter our 10th year, we truly thank each and every one of you who have helped, donated and supported us.

Batavia Downs partners with Daily Racing Form for $1.8 million NY Sire Stakes Night of Champions in September

By Billie Owens

By Tim Bojarski, for Batavia Downs

Batavia Downs is pleased to announce they are partnering with the Daily Racing Form (DRF) to enhance and expand their coverage of the $1.8 million New York Sire Stakes (NYSS) Night of Champions (NOC) that will be held at Batavia Downs on Saturday, Sept. 14.

“We are very excited to be working with DRF on this biggest night of racing in the state,” said Todd Haight, director/general manager of Live Racing at Batavia Downs. “I think this is a great opportunity for our track to partner with a world-class name in horse racing and given the extent of their outreach and fan base, will be beneficial for Batavia Downs beyond the NOC.”

DRF will broadcast the entire night of racing live on their website, provide video analysis of races prior to the night and also provide content in their newsletters and on their website.

“I think it’s really important to provide the live video of the races for owners and breeders that can’t get out to Batavia that night to see their horses in person," said Derick Giwner of DRF. "Some might not have an ADW or subscribe to some kind of service and this will give them the chance to watch all the action live.”

“We will be producing a video analysis of some of the featured betting races or guaranteed pools, depending on what the card offers that night. The video will be available on the DRF Harness website starting the Thursday afternoon before the big night.”

DRF will also provide a Spotlight Newsletter that will be sent out to all their core subscribers, be promoting the NOC on their website, social media and in their newsletters, provide a dedicated landing page at DRF.com on both the Thoroughbred and Harness sites, free downloadable Past Performances for the night and will also be tweeting out comments and results live the entire night of the races.

“The idea is to get more eyes on these races," Giwner said. "The people in the industry know when the NYSS NOC is and that it’s at Batavia, but the general gambler out there, who might never play Batavia, may have no idea. We want to drive this traffic to Batavia that night.

"The New York Sire Stakes Night of Champions is the pinnacle of racing in New York each year and DRF is excited to work together with Batavia Downs to make it a success.”

Haight has similar views on the importance of a quality, information-filled program for that night, which has a post time of 6 p.m.

"We always have the desire to draw new customers to Batavia's racing product and everything DRF brings to the table in this partnership is going to help accomplish that," Haight said. "And the ability to get free past performances in the hands of the vast base of subscribers that DRF has could be potentially a big handle driver for us."

The New York Sire Stakes is the state's premier harness racing program designed to promote the breeding, buying and racing of standardbred horses in New York.

HLOM committee busy now planning for Wonderland of Trees Gala Opening in November

By Billie Owens

In photo, from left: Ryan Duffy, director HLOM; Kathy Jasinski, committee member; Sean Valdes, co-owner of D&R Depot; Alice Chapell, committee member; and Linda Johnston, committee member.

Submitted photo and press release:

CHRISTMAS IN AUGUST? While some people are taking vacations and enjoying the summer, several dedicated volunteers at the Holland Land Office Museum are preparing for the 2019 Wonderland of Tree’s Gala Opening on Friday, Nov. 22nd. Pictured above are some members of the Wonderland of Tree’s Committee, who recently met at the D&R Depot in Le Roy to discuss the menu for the upcoming Gala with Sean Valdes, co-owner of the restaurant and catering service.

D&R Depot will be catering the 2019 Wonderland of Tree’s Gala Opening.

The Wonderland of Trees Gala Opening, at the historic Holland Land Office Museum, kicks off the holiday season for the Genesee County Community. It will have the traditional display of trees, music and great food that people have enjoyed over the past 16 years. Many new ideas are being incorporated into the regular Gala to provide a wonderful holiday event for everyone.

More information will be available soon -- you can call the Holland Land Office if you are interested in setting up a tree at 343-4727.

Sponsored post: Dolce Panepinto: Frequently asked workers' compensation questions

By Lisa Ace


Commonly Asked Workers’ Compensation Questions:
Q. What is a Workers’ Compensation claim?
A. A Workers’ Compensation claim is a legal action that occurs when you get hurt during the course of your employment. In New York State you cannot sue your employer. When you get hurt at work, the Workers’ Compensation system provides for lost time financial payments and medical treatment required as a result of your work-related injury.

Q. How do I know if I have a Workers’ Compensation claim?
A. If you sustain an injury during the course of your employment, you should contact our office for a free case evaluation as soon as possible. We can help you determine if you have a Workers’ Compensation claim and assist you in filing the proper paperwork.

Q. How long do I have to file a Workers’ Compensation claim?
A. You are required to report your injury to your employer within 30 days. There is also a two-year time limit to file a claim with the Workers’ Compensation Board. Failure to adhere to these time limits can result in a denial of your claim.

Q. Is a Workers’ Compensation claim my only recourse if I am hurt at work?
A. In New York State, you cannot sue your employer. In some circumstances, a personal injury lawsuit can be filed in addition to a Workers’ Compensation claim. This includes, but is not limited to, injuries sustained in a work-related motor vehicle accident, constructions injuries, or injuries sustained at a location not owned by your employer. Our team of attorneys at Dolce Panepinto will assess your claim to ensure that every legal avenue available to you is pursued.

Q. How much does a Workers’ Compensation Attorney cost? 
A. Workers’ Compensation fees are generated on a contingent basis. This means that we only receive payment if we generate money in connection with your Workers’ Compensation claim. More information on contingent fees can be found here. Additionally, our attorneys can explain our attorney fees in greater detail.

Q. Do I need an attorney?
A. While an attorney is not required, it is strongly recommended that you retain an attorney. The Workers’ Compensation Law is complex, confusing, and often difficult to navigate. The insurance carrier will have an attorney fighting on their behalf, we recommend that you have an attorney fighting on your behalf. Having an attorney means ensuring your rights are protected, maximizing your benefits, and making sure your questions and concerns are addressed.

Dolce Panepinto works tirelessly to protect the rights of injured workers by making sure that those responsible are held accountable. If you or a family member are injured at work, or in your private life, contact us today for a free case evaluation at 585-815-9003. For further questions regarding Worker's Compensation Law or to contact Dolce Panepinto: click here.

Group of muckland onion growers receive state award for pest management

By Howard B. Owens

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Press release: 

Elba onion growers Matt Mortellaro, Guy Smith, Chuck Barie, Emmaline Long, and Mark and Max Torrey received an Excellence in Integrated Pest Management (IPM) Award from the New York State Integrated Pest Management Program (NYSIPM). The six are muck onion farmers in Elba, who meet weekly during the growing season for what is known as Muck Donut Hour, to discuss crop protection tactics.

Onions grown in muck soil — organically rich former swampland where production practices are unique and intense — are one of the most valuable crops in New York, with an average value of $34.6 million. In the Elba muck and surrounding pockets in Orleans, Genesee, and Livingston counties, eight farms produce 40 percent of the New York onion acreage on 3,000 acres. Mortellaro, Triple G, CY, and Big O farms account for almost 75 percent of that production.

In 2005, onion thrips infestations were nearly uncontrollable in New York. Populations of the vegetable-loving insect were resistant to multiple insecticides, and the hot and dry conditions created a worst-case scenario, causing crop losses exceeding 30 percent. The Elba muck growers helped Cornell researchers conduct dozens of research trials and host large-scale demonstrations on their land, in an attempt to understand the biology, ecology, and management of thrips.

“The result culminated in a practical thrips management program, which includes regular scouting of onion fields followed by sparing use of insecticides designed to minimize resistance,” said Brian Nault, professor of Entomology at Cornell AgriTech.

The Elba growers are now able to successfully manage their thrips infestations. They average between one and four fewer insecticide applications and have saved an average of $113/acre, which is approximately $6,000-$226,000 per farm per year.

In addition to regular scouting, the other key tool in the IPM arsenal is information exchange and discussions at the Muck Donut Hour, which Christy Hoepting, senior extension associate with the Cornell Vegetable Program, describes as a way she keeps her "finger on the pulse" of the pest complex each year.

A CCE tradition for more than years, the Muck Donut Hour is held weekly during the growing season. There growers and researchers discuss the latest research findings, scouting and spray reports. Hoepting notes the willingness of the muck onion farmers to entrust their crops to Cornell’s research, and their transparency in sharing spray records.

She continues: “the Elba growers are undeniably brave; to so wholeheartedly adopt IPM practices demonstrates the extent of their faith in Cornell’s research on their farms. The risk of a pest spiraling out of control in a high-value onion crop is frightening. Clearly, these growers believe in solid science and go above and beyond to support it.”

Steven Beer, professor emeritus of Plant Pathology and Plant-Microbe Biology at Cornell University, says, “without the cooperation of the Elba onion growers, it is not likely that so many IPM-themed tactics would have been adequately tested under real grower conditions. They set the standard for other growers.”

The Elba muck onion farmers are Matt Mortellaro, a third-generation muck farmer and co-owner of G. Mortellaro & Sons, with his brother Paul.

“Matt is a fearless leader in adopting IPM strategies," adds Hoepting. "He is committed to sustainable onion production and environmental stewardship, and is a strong advocate of onion IPM."

Guy Smith, a fourth-generation muck farmer, owns Triple G Farms with his brother Greg and nephew Gary. Guy Smith represents the Elba growing region on the Board of Directors for the New York Onion Research and Development Program.

Chuck Barie and Emmaline Long are Crop Production Managers for CY Farms LLC, which grows 120 acres in Batavia and Elba. Barie has been responsible for planting, spraying, irrigating and harvesting the onions for more than years. Long joined the farm in 2014, after graduating from Cornell; she scouts CY’s entire onion acreage weekly, including counting thrips, to implement IPM.

Together, she and Barie make pest management decisions. CY has the ability to micromanage every 5-20 acre onion field based on each area’s precise pest management needs.

Mark and Max Torrey are a father and son onion growing duo, and 11th and 12th generation farmers with Torrey Farms Inc. Max serves as the General Manager for Torrey’s onion operation, Big O Farms.

As the largest grower in Elba, the Torrey’s pest management practices affect everyone.

“Their commitment to implementing resistance management strategies and following IPM spray thresholds has been instrumental in preserving the longevity of insecticides remaining effective against thrips,” Hoepting says.

The award was presented to the pioneering growers during their Muck Donut Hour on Tuesday, July 30.

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