Press Release:

Congresswoman Claudia Tenney (NY-24) this week voted for four pieces of legislation focused on supporting law enforcement officers during National Police Week, which runs from May 14 to 20.

Tenney kicked off National Police Week last week with a wreath-laying ceremony at the National Law Enforcement Memorial, where she laid a wreath to honor Rochester police officer Anthony Mazurkiewicz. Officer Mazurkiewicz, who was raised in Livingston County, was tragically killed in the line of duty in 2022.

The legislation passed this week by the House of Representatives includes:

H.Res. 363, a resolution honoring law enforcement officers killed in the line of duty. In particular, the resolution commemorates 224 officers that were killed in 2022, as well as 332 officers killed in previous years whose stories were recovered in 2022. This list of officers listed in the resolution included Anthony Patrick Mazurkiewicz, a Rochester police officer who was killed in the line of duty on July 21, 2022. This resolution passed the House by a vote of 413-2.

H.R. 3091, the Federal Law Enforcement Officer Service Weapon Purchase Act. This bill allows current federal law enforcement officers in good standing to purchase their retired service weapon at market value from a federal agency. Currently, these firearms are salvaged when they are retired, costing taxpayers millions of dollars. This bill passed the House by a vote of 232-198.

H.R. 2494, the POLICE Act of 2023, a bill Tenney cosponsored, which amends the Immigration and Nationality Act to explicitly state that assaulting a law enforcement officer is a deportable offense. This commonsense bill ensures that federal immigration authorities enforce our laws against illegal aliens who assault our law enforcement officers. This bill passed the House by a vote of 255-175.  

H. Con. Res. 40, a resolution expressing support for local law enforcement officers and condemning efforts to defund or dismantle local law enforcement agencies. Specifically, this resolution condemns the radical “Defund the Police” movement and expressed the House of Representative’s support for local law enforcement officers. Over the last three years, the radical left has engaged in an extremist campaign to defund and demoralize our law enforcement officers. Through this resolution, House Republicans sent a strong and unified message that we stand with our valiant officers who put their lives on the line every day to keep our communities safe. This resolution passed the House by a vote of 301-119-3.

"Law enforcement officers safeguard our communities, tirelessly dedicating their lives to serving and protecting,” said Congresswoman Claudia Tenney. “We must stand united in support of these brave men and women who selflessly put themselves in harm’s way every day. Their unwavering commitment to keeping our communities safe is a testament to their valor and integrity. This National Police Week, I was honored to back legislation reaffirming our support for law enforcement officers in New York and around the country.”

Open House Sunday - 1-3pm 11 Kingsbury! This cherished home has been lovingly owned for 68 years and offers 4 bedrooms and 1.5 bathrooms. The tear-off roof is just seven years old, providing peace of mind and protection for years to come. The basement boasts new glass block windows, ensuring both safety and natural light. Stay comfortable year-round with the recently installed central air system in 2021. The blown-in insulation in the attic and basement enhances energy efficiency and helps maintain a comfortable indoor environment. Hand-crafted crown molding adds a touch of elegance and character to the home. Hardwood floors and natural woodwork are featured throughout, exuding warmth and charm. Updated windows not only improve the aesthetic appeal but also contribute to energy efficiency. With its proximity to all amenities, you'll have convenient access to shopping, dining, and entertainment options. Don't miss out on this incredible home with its long-standing history, modern upgrades, and convenient location. Offers due Tuesday 5/23 at 3PM.

Press Release:

The West Division Champion, Batavia Muckdogs, have announced 10 more members to their 2023 roster. Two familiar faces will be returning with pitcher Aidan Cooney from the University of Rochester, as well as pitcher Dylan Kinney from Xavier University of Louisiana. 

The eight newcomers on the list are highlighted by three St. John’s commits that include catcher Adam Agresti, two-way player Chad Falcon, and catcher Cristian Bernardini. Other newcomers to the Muckdogs include 6’3, 308 pound pitcher, Rijnaldo Euson from Georgia Southwestern University, 6’9 pitcher Casey Sabiers from Long Island University, infielder Noah Sorenson from the University of Connecticut, pitcher Tyler Gibson from Houghton University coming out of Albion, New York, pitcher Tyrone Woods out of Genesee Community College via Alexander, New York.

Standing at 6’2 and weighing 185 pounds, Aidan Cooney is a sophomore relief pitcher from the University of Rochester. Cooney is a force to be reckoned with out of the bullpen, tossing 12 innings with 1 save, while holding opponents to a .211 batting average. Cooney’s best appearance of the year came when he let up 1 hit with 3 strikeouts in 3 innings of work against Catholic.

Standing at 6’3 and weighing 182 pounds, Dylan Kinney is a sophomore left handed pitcher from Xavier University of Louisiana. Kinney has thrown 7.1 innings of 2.45 ERA ball, allowing opponents to only bat .222 against him on his way to a 1-0 record.

Standing at 6’3 and weighing 225 pounds, Adam Agresti is a catcher committed to St. John’s University. Agresti is a defensive star behind the plate, averaging a 1.89 pop time to accompany his cannon of an arm. On the offensive side, Agresti barrels up the ball 71% of the time with an average exit velocity of 92.6 MPH.

Standing at 6’0 and weighing 180 pounds, Chad Falcon is a two-way player committed to St. John’s University. Falcon is impressive in both regards, posting a .406 batting average and .673 slugging percentage to go with his impressive pitching resume, where the lefty threw 39.2 innings of 3.18 ERA ball, striking out 28 along the way. 

Standing at 6’1 and weighing 180 pounds, Cristian Bernardini is catcher/outfield hybrid committed to St. John’s University. Bernardini provides some pop with his bat, as he slugged 11 extra base hits on his way to a .726 slugging percentage. 

Standing at 6’3 and weighing 308 pounds, Rijnaldo Euson is a sophomore pitcher from Georgia Southwestern University. The southpaw had himself a dominant campaign, going 9-1 in 14 games started and 90 innings of work. Posting a 3.00 ERA, Euson averaged 11.70 strikeouts per game.

Standing at 6’9 and weighing 220 pounds, Casey Sabiers is a sophomore pitcher from Long Island University. Sabiers, a towering presence from the mound, is a Division 1 talent that threw 38 innings of 2.50 ERA ball, striking out 51 batters in the process. 

Standing at 6’3 and weighing 163 pounds, Noah Sorenson is a sophomore infielder from the University of Connecticut. Sorenson brings versatility to the team as he is a slick fielder while also being a threat on the basepaths, swiping 11 bags, the most on his team. 

Standing at 5 '11 and weighing 165 pounds, Tyler Gibson is a sophomore pitcher from Houghton University and out of Albion, New York. Gibson, limited in his work, has thrown an impressive 5.1 innings of 6 strikeout balls, securing a 1-0 record.

Standing at 6’0 and weighing 175 pounds, Tyrone Woods is a junior pitcher from Genesee Community College, out of Alexander, New York. Averaging 10.80 strikeouts a game.

These new and returning players will team up this summer in search to repeat as West Division Champions and you can see them in action for the first time in their home opener at

Dwyer Stadium against the Elmira Pioneers on Saturday, June 3rd. Following the opener will be a fireworks display for all to enjoy. For both individual and season tickets, as well as keeping up with future games and promotional nights, please check out our website https://www.canusamuckdogs.com/ or call 585-524-2260!

Submitted photos

Batavia Players premier A Cabaret Showcase: Opposites Attract at 7:30 p.m. Friday at the Main St. 56 Theater in City Centre, Batavia.

The show is a smorgasbord of songs showcasing true opposites -- love and hate, dead and alive, in and out, big and small, and more.  All of the songs come from popular Broadway shows.

The show goes on again at 7:30 p.m. Saturday. 

Tickets are $18 for adults and $16 for seniors and students.

Photos by Howard Owens.

County legislators have so far given a thumbs up to Dr. James Sunser’s $37.3 million budget for Genesee Community College, a spending plan that includes a $100 per semester tuition increase and a request of $50,000 in additional funding from Genesee County to continue operations for 2023-24.

“I think it’s a very modest budget,” the college president said during Wednesday’s Ways and Means meeting. “As you can see, from the current approved budget, it's about $150,000 more than this year's approved budget. It looks to advance tuition by $100 a semester, for full-time students, and $10 a credit hour for part-time students.

“We worked hard with the state. We were hoping to be able to get a little more from the state, but we at least got flat funding for the current year, which is something that has been the norm for the last few years. We've asked the county to support us with the base prior year aid plus the $50,000 planned increase that we've talked about in prior years,” Sunser said. “And we feel strongly that we'll be able to operate within that budget, but it will be a challenge, just like it is for all of you as well.”

The proposed 2023-24 operating budget is $37,350,000, with a “sponsor share” of $ 2,786,374 to come from the county within a tax levy by that amount.

A public hearing will be necessary for this budget and related sponsor’s share, as the resolution to be voted on by the county Legislature states:

“That the Genesee County Legislature does hereby approve of the sponsor’s share of the operating budget of the Genesee Community College for the fiscal year September 1, 2023, through August 31, 2024, in the amount of $2,786,374 and cause the same to be included in the county tax levy for the year 2023.”

A vote is to go before the Legislature next week, and if approved, the budget, levy and public hearing will be set for 5:30 p.m. June 14 at the Old Courthouse, 7 Main St., Batavia.

During the conversation, Legislator John Deleo asked Sunser about the GCC radio station, a staple of this area for a decade that has become silent this past year. Sunser explained that maintaining a station — which was a club activity — for 24 hours a day was becoming “more and more difficult” to do, and the board made the decision to sell the license.

Two bids were received: one that offered “no dollars, they were just willing to take it,” Sunser said, and the second bidder that ended up purchasing the license through the FCC for $55,000. There is no radio, per se, as the station operates via online streaming, he said.

“So what we've done is we've moved away from the FCC as a licensed radio station, and we're on a streaming platform. So we're still providing the same opportunity to students to broadcast and have all that, but outside of the FCC regulations,” Sunser said.

Town, village and city municipalities will be a little fatter financially once again from county payouts of excess revenues.

With mortgage tax monies totaling $469,976.12, the Genesee County clerk and treasurer have reported to the Legislature that these funds may be distributed to everyone from Alabama to Stafford, and all entities in between, according to the provisions of Section 261 of the tax laws.

If this measure is approved by the Legislature, as expected after being approved by two sub-committees already, this will mean the following payments for each of the following in Genesee County:

• City of Batavia $ 110,175.18
• Town of Alabama $ 8,412.02
• Town of Alexander $ 27,606.46
• Town of Batavia $ 102,188.96
• Town of Bergen $ 12,215.15
• Town of Bethany $ 17,252.44
• Town of Byron $ 12,933.80
• Town of Darien $ 29,548.18
• Town of Elba $ 11,242.94
• Town of LeRoy $ 35,768.49
• Town of Oakfield $ 12,056.45
• Town of Pavilion $ 24,859.10
• Town of Pembroke $ 25,400.70
• Town of Stafford $ 20,007.16
• Village of Alexander $ 2,550.49
• Village of Attica $ 883.54
• Village of Bergen $ 1,655.00
• Village of Corfu $ 1,515.26
• Village of Elba $ 1,401.70
• Village of LeRoy $ 10,398.34
• Village of Oakfield $ 1,904.76

Per a resolution to come before the Legislature May 24, its approval would direct that the Genesee County Treasurer “hereby is authorized and directed to pay the Town Supervisors, Village Treasurers, and the Treasurer of the City of Batavia the amounts aforesaid from the Mortgage Tax refund.”

The Town of Darien Planning Board this week approved a special use permit for a new indoor play center and café, which will cater to parents and their young children.

This new establishment, Nutty’s Playden, will likely open sometime between mid-August to early September of this year at 1415 Broadway Road in Darien, said Crystal Nutty.

Nutty applied for a special use permit as opposed to a basic commercial permit. The location has been home two a couple of different restaurants in recent years.

“There are children involved. We will have indoor play equipment inside of the building rather than normal restaurant equipment or business furniture. This is also because we are a café mixed with a play center,” Nutty said.

“We will be taking over the lease [to the building] in August. There are a few things that the owner must do to the building before we take over the lease — like cleaning it out and making sure the bathroom is up to code because right now it is not.”

She said Nutty’s Playpen will have the following: 

• A large play structure that offers obstacles for children “to walk through, climb through and weave around.”  
• Slides  
• Creative play stations where children can pretend they are veterinarians or grocery store clerks  
• A pretend food truck as part of an imagination station
• A separate area for children ages 0 to 2   
• Creative stations where children can draw, color, build blocks or do puzzles.  
• A ball pit and sensory pit for digging and exploring
• Regular classes and events
• A café with strictly pre-packaged items as well as fresh baked goods, coffee, soft-serve beverages and birthday parties.  

“We are waiting for the building to get cleared out and the work to get completed so we can start moving our stuff in so we can get it opened. We will have a website hopefully within the next month. We won’t be open for live booking until we get a little bit closer,” Nutty said.   

“We will be offering online booking as well as drop-ins so people can come in for open play at any time. We will have a maximum capacity. We have not figured out what that is with fire and safety because once we get everything in the building, then we will work out those numbers a little bit. That is what the next step is.”

Citing “an abundance of caution,” County Manager Matt Landers declared a local state of emergency for Genesee County earlier Wednesday in response to rippling speculations about potential busloads of undocumented immigrants being sent this way from New York City.

One of the last straws — in an untidy political mix of statements about where immigrants should and should not go — was Orleans County’s declaration issued prior to Genesee County on Wednesday, Landers said. That was apparently one of the reasons for an executive session called abruptly after the Ways and Means meeting at the Old County Courthouse.

The private, executive session was called for what Legislator Marianne Clattenburg termed “what happened this afternoon.”

So The Batavian asked, what happened this afternoon?

“Well, a lot of it was just meetings with various stakeholders, Orleans County issuing their state of emergency was probably a prompt. Because of that, we took notice of that, there was a lot of speculation that raised our concerns about how easily a group of asylum seekers could end up at our doorstep without us even knowing,” Landers said. “So I guess it was our vulnerability that came to light of how simple and how easy and how fast that could happen, that we wanted to have this in place, in case that were to happen.

“So that was probably some of the prompts that happened throughout the day that caused us to take this action,” he said.

Congresswoman Claudia Tenney had previously issued a press release opposing a move to send immigrants to upstate SUNY campuses, though that doesn’t seem to be any official step being taken by the state government at this time. New York City Mayor Eric Adams has been pushing to move immigrants north.

Landers said that, because Genesee Community College receives both county and state funding, that he isn’t certain whether he would include GCC at some point in the list of entities discouraged from taking in busloads of immigrants during the county’s state of emergency. But for now, he is instead emphasizing hotels and motels.

The Batavian asked if he was aware of two busloads of people dropped off at The Clarion on Wednesday, rumored to be immigrants and news that was shared with us by a Batavian reader. They were confirmed by Sheriff’s Office personnel to be National Guards here for training, Landers said.

“Because it's about doing a good job of being aware. You know, we have contacts throughout the county that are in positions to help give any kind of advanced notification if there was an issue that came to light,” he said. “So there is a heightened awareness for county operations right now.”

State Gov. Kathy Hochul issued a State of Emergency for New York State for similar reasons, and for what Landers believes is to probably try and capture federal government financial resources, “which is understandable,” he said.

“This is more to get a better handle on control in Genesee County, and have the situation to an abundance of caution to be able to respond to a situation where we're not aware of asylum seekers coming to our community, there’s channels out there, and I do have confidence in the governor's office, through their representative, that they would try to reach out to us if there was a group that was heading to Genesee County, but there's different avenues of which that they can come from and it's not all through the governor's office,” Landers said. “So I am in consultation with the governor's office and, and the representative has been very forthcoming and upfront with me, and I think we've got a great working relationship. But that's only one piece of the puzzle. So the state of emergency is kind of trying to cover multiple scenarios, you know … And, again, we'll evaluate the state of emergency in the next five days, and see if we've covered everything, and maybe we strengthen it, modify it, or let it expire.”

The county’s Local State of Emergency was declared for Genesee County, due to New York City's program to rapidly increase the number of migrants in this County to unsustainable levels.  

“Pursuant to NYS Executive Law § 24, when a State of Emergency is in effect, the County  Manager may promulgate local emergency orders to protect life and property or to bring the emergency situation under control.

By law, upon reconsideration of all the relevant facts and circumstances, such an order may be extended for additional periods not to exceed five days each during the pendency of the state of emergency.  

Press release:

Out of an abundance of caution, a local State of Emergency has been put into place by County Manager L. Matthew Landers as of May 17, 2023, in response to New York City’s program to bus migrants and asylum seekers to other counties in New York State. Genesee County is not equipped for a rapid increase of persons in need of services, and if the City of New York or other municipalities were to flood the County with migrants and asylum seekers, the situation would only worsen.

This Local Emergency Order will remain in effect for five days unless sooner modified, extended or revoked. It may be extended for additional periods not to exceed five days during the pendency of the local state of emergency. This order may be referred to as the “Genesee County Sustainable Migration Protocol."

Press Release:

Assemblyman Steve Hawley (R, C - Batavia) is disappointed that the Assembly Majority Conference blocked a referendum of his this week in the Local Government Committee without any debate or discussion. Numbered A.1978, the referendum would have simply put a question to voters on the next statewide election ballot: “Do you support the division of New York into two separate states?” The measure was shot down, and Hawley knows exactly why. 

“Our job as legislators should be to, first and foremost, ask our constituents questions about what they want to see us do. That is all this referendum would have done,” Hawley said. “I speculate the Majority prevented us from asking this question of all New Yorkers because they already know the answer: yes. The majority of New Yorkers are tired of the way things are, and any change, no matter how big, would be preferable to how things are right now.”

“Immigration crises, favoritism to downstate constituencies, the continued erosion of our farmlands and small businesses: these are the problems we face; infringements on 2nd Amendment rights, rampant pro-criminal policies and skyrocketing taxes and inflation. And these problems are consistently tied to the actions of a Majority spearheaded by a downstate coalition that has little regard for the rest of us. If they’re afraid of being told their actions are having a negative impact on some New Yorkers, they need a serious reality check,” Hawley concluded.

File photo by Howard Owens

In response to a possible plan by New York City Mayor Eric Adams to relocate undocumented migrants from New York City to Upstate New York, Genesee County has issued an emergency declaration banning the acceptance of immigrants from out of the county for at least five days.

The ban was effective at noon today, County Manager Matt Landers told The Batavian's Joanne Beck.

UPDATES coming.

UPDATE: State of Emergency to stop immigrants from landing on county's doorstep

The latest attempt by Scott F. Doll to get his 2010 conviction for murder overturned has failed to persuade another judge and his appeal based on what his attorney claimed was new evidence has been denied.

Attorney Michael S. Deal, from the Legal Aid Bureau of Buffalo, filed a motion to overturn the conviction earlier this year. A hearing on his motion was heard by Judge Sanford A. Church on March 10.

Deal argued that he had uncovered new evidence related to the failure of the Monroe County Medical Examiner's Office to collect fingernail scrapings from Doll's victim, Joseph Benaquist, and new DNA tests of people who might have had access to the murder scene should lead to Doll's conviction being overturned and a new trial granted.

Church ruled that the defendant did not present a factual assertion that the two pieces of "newly discovered evidence" could not have been available for the 2010 trial. 

"As discussed below, a sound defense trial strategy could have been to avoid further scientific testing and emphasizing the prosecution's failure to test some evidence," Church wrote. "The defense was aware, for example, of the drops of blood on the victim's boot before trial and that it had not be subjected to DNA profiling. All they had to do was ask that it be tested."

The defense could have also asked that fingernail scrapings be tested.  If the defense had made the request, the attorneys would have learned that clippings and scrapings had not been collected.

As for a bit of third-party DNA found on the victim's boot, that evidence could have been available at trial, Sanford said. There were photographs available to the defense that showed a possible bloodstain on the victim's boot.  The defense, he said, could have insisted that the bloodstain be tested.

Prior court rulings have found that for evidence to be considered "new" in an appeal, it must be evidence that could not have been discovered by the defense through diligence. 

It's also not readily apparent that the DNA comparisons would change the outcome of the trial, Sanford ruled.

For these reasons, Doll has failed to prove that his "new evidence" could not have been discovered before trial.

Church, an Orleans County judge, heard the appeal because Genesee County Court Judge Melissa Lightcap Cianfrini formerly worked for the Genesee County District Attorney's Office and had been involved in prior appeals, so she had a conflict of interest.

Doll was sentenced to 15 years to life for the 2009 murder of Benaquist. He has consistently maintained his innocence since his arrest.

On the night of Feb. 16, 2009, Doll was found walking in Pembroke in blood-soaked clothing by a deputy and questioned.  Due to the suspicious nature of his appearance and a van he identified himself as operating earlier in the evening, he was questioned by investigators who feared there was a seriously hurt or dead person in the area.  Those emergency circumstances allowed investigators wide leeway in questioning Doll and searching for a possible victim. Several hours later, Benaquist's badly beaten body was found in the driveway of his home in Pembroke.

Benaquist and Doll, a prison guard, had been partners in a used car business.

For all of The Batavian's prior coverage of Scott Doll, click here.

Press release:

Yesterday at the Genesee County Office For The Aging, “Quilts of Valor” were presented to three local Veterans. A Quilt of Valor is a quality, handmade quilt awarded to a Service Member or Veteran who has been touched by war. AmeriCorps Seniors RSVP Volunteers in the OFA Quilt Group made and presented the Quilts to Robert Swanson, David Dumuhosky, and Wilbur Easton.

Submitted photos.

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Reader Jeremy McClellan spotted the Goodyear Blimp flying over the Genesee County Park on Wednesday afternoon.  It is apparently in the Rochester area for the PGA tournament.

A controlled burn at 7833 Walker Road, Pavilion, is now reportedly out of control and spreading toward a barn.

The fire is about 20 feet from the structure.

Pavilion Fire dispatched.

The spring burn ban has been lifted, but the National Weather Service has an advisory for dry and windy conditions in place warning of elevated fire danger.

UPDATE 4:22 p.m.: Le Roy Fire asked to standby in the Le Roy hall.