A motorcyclist is down in the roadway and is injured on Snipery Road just south of the railroad tracks. The accident is blocking traffic. Corfu Fire Department and Mercy medics are responding. A first responder on scene requests the train company shut down the track.

UPDATE 11:06 a.m.: The Corfu assignment is back in service. Did not hear an update on the motorcyclist.

It isn't just headstones Michael Tomaszewski is suspected of not delivering to cemeteries but bodies, too, including the remains of a stillborn baby.

Chief Deputy Joseph Graff, Sheriff's Office, said that investigators are looking into multiple incidences of mishandling remains at Tomaszewski's facilities on West Main Street Road, Batavia.

Graff wouldn't elaborate other than to confirm the investigation into the remains of a baby and a veteran.

The investigation into remains being stored at the Michael S. Tomaszewski Funeral Home & Cremation Chapel, and possibly at Tomaszewski's adjoining properties, began in January 2019.

That's when Genesee County Coroner Jeff McIntire received a call from the estranged stepdaughter of Peter Vandetta, a 20-year Army veteran, who died in April 2018.

Ronda Grabowski said she wasn't notified of Vandetta's death immediately, but became suspicious after reviewing his death certificate.

She contacted Coroner McIntire and asked him to find out where her stepfather's body was buried.

McIntire found the death certificate and discovered Vandetta's passing was one of his cases, so he tried contacting the Bath (NY) National Cemetary, where Vandetta was supposed to be interred, to find out if he was buried there. McIntyre said he made a few calls, each time being told there was no record of Peter Vandetta at the cemetery.

He followed up with Tomaszewski and McIntire said the funeral director assured him he had taken Vandetta's remains to Bath and he could provide him with the grave coordinates.

After being told by officials at Bath once again that Vandetta was not lain to rest at the national cemetery, McIntire asked Tomaszewski to provide him with the grave coordinates. But, when pressed, Tomaszewski couldn't do it, he said.

At that point, McIntire turned the investigation over to the Genesee County Sheriff's Office.

A short time later, McIntire received a call from an investigator and was told that the remains of an adult male at been located in the garage at the Tomaszewski funeral home.

McIntire ordered the remains delivered to the Monroe County Medical Examiner's office for positive identification. That ME's office did confirm the remains were Vandetta's.

Grabowski told 13WHAM, The Batavian's news partner, that she confronted Tomaszewski about the situation. She said he told her the cousin who was supposed to handle arrangements never contacted him with instructions on how to proceed.

After the ID was confirmed, a cousin apparently authorized the return of the remains of Vandetta to Tomaszewski, who published Vandetta's obituary on Aug. 6, 2019, with services to be held at the funeral home on Aug. 11. Vandetta is now interred at Bath National Cemetary.

Asked for his thoughts on the case, McIntire, himself a military veteran, said, "You know, I can’t even tell you what my thoughts are. I don’t even understand. I don't know. I hope the system works and we’re able to find out what happened and what went wrong."

Graff said there has been an active investigation into the Vandetta case since January 2019, and he also confirmed that the Sheriff's Office has been contacted about the possible inappropriate handling of other human remains. Graff declined to say how many complaints there might be but did confirm that one involves a stillborn baby.  

District Attorney Lawrence Friedman said he has been aware of the investigation but has not been handed a case yet by the Sheriff's Office so couldn't comment further on possible charges.

Chief deputy Graff also said he and other investigators were kept busy fielding calls from more possible victims of Tomaszewski.

On Thursday, the Sheriff's Office announced the arrest of the funeral director on about 200 charges involving the alleged misuse of prepaid funeral arrangement funds and Tomaszewski's possible failure to purchase headstones and gravesites as paid for and promised to clients.

It's alleged that in the initial set of charges, Tomaszewski may have misused about $525,000 in funeral funds he deposited.

Earlier this year, Tomaszewski and his company, Acme Holdings of N.Y. Inc., filed for Chapter 11 bankruptcy. He lists $1,094,346 in assets against $3,242,390 in liabilities.

If convicted, Tomaszewski will certainly be ordered to pay restitution to victims. Restitution cannot be discharged, like other debts, in bankruptcy court.

Previously: Local funeral director charged with stealing money from customers

A caller reports about six people -- males and females -- are trying to gain access to vehicles in the Aldi parking lot. City police just arrived on scene. The caller said they were trying to use coat hangers and other implements. They were trying to get into a Prius and had attempted to get into a Lexus, the caller said.

A caller to dispatch reports numerous unknown males are sitting on the tailgate of a truck in her driveway drinking. The location is the 1200 block of Gilmore Road, Indian Falls.

In the age of COVID, when many indoor activities are curtailed and we're supposed to keep our distance outside, Debra Webster decided she could use the park-like area behind her business, Dave's Ice Cream, on West Main Street, as a place to give people something to do.

This week, she kicked off a summer concert series featuring Austin Wahl, a guitar performance student at the Eastman School of Music in Rochester.

Webster plans free concerts from 6:30 to 8 p.m. on Thursday nights during the summer.

A caller to dispatch says a male stole a microwave oven about an hour ago from a yard sale on Bogue Avenue in the city. Police are responding.

A middle-aged man has been run over by a tactor at a location on Upton Road, Batavia.

He is conscious and alert.

Mercy Flight is on in-air standby.

East Pembroke fire and Mercy EMS dispatched.

UPDATE 11:33 a.m.: A landing zone is being established for Mercy Fight.

UPDATE 11:36 a.m.: Mercy Flight #7 is on the ground.

UPDATE 11:55 a.m.: East Pembroke assignment is back in service.

Press release:

Assemblyman Steve Hawley is calling out his state Assembly colleagues for allowing atrocious bills to be passed in the state Legislature late last night.

Among them is automatic voter registration, which automatically registers New Yorkers to vote whenever they interact with what are determined as "qualified" government agencies like the DMV or Department of Health.

A Step Too Far

“I’m all for ensuring we participate in our democratic society to the fullest; that’s the only way democratic societies can work,” Hawley said. “But what was done last night is simply a step too far.

"Superseding the state constitution and writing far-reaching bills, with few checks and balances to ensure they cannot be taken advantage of leads me to believe this will cripple the voting system more than uplift it. Well intended or otherwise, the Downstate legislators need to realize they’ve just opened up a can of worms that will not yield good results.”

In addition to that, the state Legislature passed a redistricting bill that would amend the state constitution and allow for further redistricting in the state. The move comes in a suspected effort on the part of the majority to draw new districts that would be politically advantageous to them.

Disgraceful Politics

“It’s a gross misstep in the use of authority and Majority power, and will almost certainly mean that many voices are at risk of being unheard in the future,” Hawley said. “There really is nothing more disgraceful in politics than trying to uphold your own power and keep the people in the dark.”

Furthermore, the Assembly Majority continues its grip on its monopoly of power by refusing to remove the governor’s emergency powers that he claimed at the start of the COVID-19 pandemic in New York. With these powers, he’s continued to hamper businesses like bars and prevent them from reopening and supporting the economy.

The Beef About Chicken Wings

He insists that people order food while ordering alcohol but claims that chicken wings are not substantial food for bars. He added that sandwiches were the "lowest level" of substantive food. 

“Chicken wings are a Western New York food, so this feels incredibly personal to me and my constituents,” Hawley said. “We all know the governor’s ‘Big Brother’ method of governance and one-size-fits-all solutions are his modus operandi, but at a time where people are trying to responsibly reopen and follow health codes as they have been instructed, the governor and his administration continue to curtail the attempts of honest workers getting back to a normal routine. It’s despicable.”

From Sen. Michael Ranzenhofer:

I was hopeful that the recently completed special session of the legislature would deliver strong results for working families and small businesses across Western New York.

Unfortunately, despite continuing economic uncertainty and ongoing confusion regarding reopening the state, the State Senate Majority used this session to advance a blatantly political agenda that will do nothing to address the problems so many people face.

To make matters worse, they actively opposed and blocked legislation to rescind the Governor’s emergency powers. They also blocked legislation that would increase penalties for assaulting police officers.

Perhaps the most disappointing aspect of the session was the Senate Leadership’s voting “reform” proposals. Senate Bill S8806, made registering to vote for certain people easier by mandating that certain state agencies automatically ask customers if they would like to register to vote.

While on its surface this is an admirable goal, the legislation only allows this to be done by certain agencies.  For example, the New York City Housing Authority would be required to ask people to register to vote, but the DEC would be forbidden from registering someone getting their hunting license.

To be clear, I have supported legislation that has done this across the board but picking and choosing certain state agencies and not others is wrong.

Another bill, S8833, even went so far as to amend the voter approved Independent Redistricting Commission. The changes would eliminate requirements that would prevent one political party from having total control of the process.

Furthermore, the Senate Majority increased the threshold needed to veto a gerrymandered redistricting process. The sponsor of the bill and Deputy Majority Leader went so far as to say that the minority should not have a say in the process. This is not only surprisingly arrogant but flies in the face of core principle of America’s democratic-republic system of government.  

To make things worse, these bills were introduced within the last week and rammed through with virtually no public input. Unfortunately, this has been a staple of this majority’s style of government.

Despite claims of being more inclusive and respectful of the whole state, the current majority has made it clear that their only concern is advancing their political agenda.

While this week’s session was extremely frustrating, I will not stop advocating for the residents of Western New York and working to support its hardworking families and small businesses.

Sincerely,

MICHAEL H. RANZNEHOFER

State Senator - 61st Senate District

Press release:

• Genesee County received three new positive cases of COVID-19.
  • The positive individuals reside in Batavia, Le Roy and Pembroke.
  • One of the positive individuals is less than 20 and two individuals are in their 50s
  • One of the positive individuals was not on mandatory quarantine prior to testing positive.
  • Zero of the previous community positive cases have recovered and have been released from mandatory isolation.
  • Six new individuals are on precautionary quarantine due to travel from restricted states.
  • No individuals are hospitalized.
     
• Orleans County received one new positive case of COVID-19.
  • The positive individual resides in Albion.
  • The positive individual is in their 50s.
  • The positive individual was not on mandatory quarantine prior to testing positive.
  • Zero of the previous community positive cases have recovered and have been released from mandatory isolation.
  • Eight new individuals are on precautionary quarantine due to travel from restricted states.
  • No individuals are hospitalized.

Le Roy Business Council will host a Golf Tournament Tuesday, Sept. 15 at the Le Roy Country Club.

Cost is $70 and includes 18 holes of golf, a riding cart, lunch and dinner. Or you can pay $25 for dinner only.

Deadline to register is Sept. 8.

All participants must be at least 21 years old.

This event is set up for social distancing. The country club is located at 7759 E. Main Road, Le Roy.

There will be contests for: the longest drive contest; closest to the pin; and closest to the line.

Please make all checks payable to Le Roy Business Council.

Contacts are Martha Bailey, 261-0714, or Bob Bennett, 356-2719.

Click here to print out or to scan the registration form.

Please mail completed registration form to:

Martha Bailey

113 Gilbert St.

Le Roy NY 14482

Or scan the form, complete it and email to Martha Bailey:   WBTAmartha@yahoo.com

Soon-to-be "former" County Manager Jay Gsell attended his last Legislature meeting in that role on Wednesday and was honored with a commendation from the members of the body.

Gsell retires at the end of the month after 27 years on the job.

Here is the text of commendation:

WHEREAS, Jay A. Gsell has dutifully served Genesee County for twenty-six years and three hundred and sixty-four days as County Manager beginning August 15, 1993, when his appointment became effective; And  

WHEREAS, Immediately upon his appointment, Jay applied his education and vast municipal experience to his position of county manager while immersing himself in the Genesee County community; And

WHEREAS, Jay has brought passion and energy, a positive “can-do” attitude and undying enthusiasm to the County where he served as a beacon during socially, economically, and personally challenging times; And

WHEREAS, Jay maintained a healthy respect for the delicate balance of providing quality affordable services while adhering to ever-expanding state mandates while working for thirty nine different legislators and six different legislative chairs: And

WHEREAS, During his tenure as county manager several magnanimous projects were completed; construction of a new court facility, county-wide water project, upgrades, and enhancements to the County Airport, forty-year sales tax agreement, as well as shared services initiatives, enhanced relationships with businesses and schools to name a few, and

WHEREAS, Through his unwavering commitment to community, Jay has deservedly received awards and recognition for his participation and service from the Chamber of Commerce, GCASA, United Way, HomeCare & Hospice, Rotary Club of Batavia, Leadership Genesee and YMCA, Now, Therefore Be It

RESOLVED, The Genesee County Legislature does hereby pause in its deliberations to honor and congratulate Jay A. Gsell upon the occasion of his retirement and Be it further,

RESOLVED, That heartfelt wishes are extended to Jay and his wife, Ann Marie for a retirement abundant with good health and happiness for many years to come.

Kevin J. Jackson Jr., 30, of Batavia (no address provided), is charged with: driving while ability impaired by drugs; driving while ability impaired by drugs -- combination; uninspected motor vehicle; criminal possession of a controlled substance in the seventh degree, criminal use of drug paraphernalia in the second degree; and criminal possession of a weapon in the fourth degree. At 2:21 a.m. on July 21, Wyoming County Sheriff's Deputy Bliss conducted a roadside stop for a traffic violation on Route 246 in the Town of Perry. A field sobriety test was conducted and Anzalone was arrested. He submitted to a Drug Influence Evaluation administered by a Drug Recognition Expert, who allegedly found the defendant impaired by multiple drug categories. Jackson was issued an appearance ticket and is due on Town of Perry Court at a later date.

Robert J. Anzalone, 34, of Le Roy (no address provided), is charged with: driving while ability impaired by drugs; driving while ability impaired by drugs -- combination; failure to keep right; and having inadequate plate lamps. At 12:17 a.m. July 19 on Silver Lake Road in the Town of Perry, Wyoming County Sheriff's Deputy Bliss conducted a roadside stop for a traffic violation. A field sobriety test was conducted and Anzalone was arrested. He submitted to a Drug Influence Evaluation administered by a Drug Recognition Expert, who allegedly found the defendant impaired by multiple drug categories. No further information provided about court.

Press release:

In recent days, Michael S. Tomaszewski Funeral and Cremation Chapel LLC in Batavia has been accused of pre-need theft. During this unfortunate time, we would like to first and foremost like to extend our sincerest condolences to all those affected.

As a family-owned business since 1900, we consider the opportunity to serve the communities of Genesee County an absolute privilege. Our staff works diligently to provide you and your loved ones with the utmost respect and care and are humbled when we are granted the honor of doing so.

With that said, if you or a loved one held pre-need funeral arrangements with Michael S. Tomaszewski Funeral and Cremation Chapel LLC we want to help! We will assist in possible recovery of funds and can help to determine if you and your family qualify for donation of service from our funeral homes.

As lifelong residents of Genesee County, our family of funeral homes will continue to provide the highest standards for our community and we are dedicated to restoring the dignity your family deserves.

Please don’t hesitate to call – (585) 344-4295. Our lines are open 24/7 and as your neighbors, we’re here to support you through this difficult time. lease, allow us to earn your trust.

Sincerely,
Justin D. Calarco-Smith, Joshua J. Smith, Steven L. Johnson, Randy W. McIntire, James F. Smith
The Bohm-Calarco-Smith, H.E. Turner & Co. Inc., and Burdett & Sanford Family

Local funeral director Michael S. Tomaszewski, 48, is being charged with 91 counts of failure to deposit monies paid in advance in connection with agreements for funeral merchandise or services.

He has been arrested following an investigation by the Genesee County Sheriff's Office.

The Sheriff's Office opened an investigation into Tomaszewski after a client of the Office of the Aging received a complaint from a customer of the Michael S. Tomaszewski Funeral Home & Cremation Chapel. The client expressed concern regarding a deposit made for prepaid funeral arrangements. 

The investigation led authorities to conclude that Tomaszewski had received prepayments from 91 customers for which trust accounts were never opened.  

Reached this afternoon, Tomaszewski declined to comment.

When a funeral director receives prepayment for funeral services, the director is required under NYS law to place the money in a trust account within 10 days.  

Investigators believe no such accounts were ever opened. 

Additionally, Tomaszewski is accused of receiving payment for two headstones, and gravesites that were never purchased.

The deposits ranged from $350 to $15,500. It's alleged that Tomaszewski's customers sustained a total loss of approximately $525,000.

In February, Tomaszewski filed for bankruptcy under Chapter 11 in Federal Court.

Tomaszewski is charged with 61 counts of third-degree grand larceny, 29 counts of fourth-degree grand larceny 4th, and three counts of petit larceny.

He is also charged with five counts of falsifying business records in the first degree. He is accused of creating fake business documents reflecting nonexistent account information for trust accounts.

The longtime funeral director, who also owns the Dibble Family Center, is also accused of knowingly sending fake documentation to the Department of Social Services and is charged with offering a false instrument for filing in the first degree.

There are also two counts of scheme to defraud filed against Tomaszewski. He is accused of engaging in a scheme constituting a systematic course of conduct with intent to defraud at least 10 people by making false promises to obtain money. He is also accused of defrauding a vulnerable elderly person as defined by state law.

Today, Tomaszewski was arraigned in Genesee County Court by Judge Charles Zambito via Skype. He was released on his own recognizance and is scheduled to appear in Batavia Town Court at 10 a.m., Sept. 17.

The investigation is ongoing and further charges are expected, according to the Sheriff's Office. Anybody who wishes to check the status of any prepaid account can call (800) 577-3752 to verify the existence of a preplan account. Anybody who believes they are a victim is asked to call the Sheriff's Office at (585) 343-5000.

In his personal bankruptcy, Tomaszewski lists $409,896 in assets, including a home on Edgewood Drive valued at $396,549. He claims to owe $1,570,682 to 25 creditors, including more than $25,000 to the IRS along with back taxes owed to the State of New York.

Tomaszewski is the owner of Acme Holdings of NY Inc. Acme owns the building that houses his funeral home, and adjacent property, including the Dibble Center. Acme has also filed for bankruptcy. In the Acme bankruptcy filing, Tomaszewski lists $684,450 in assets and $1,671,708 in debts.

Press release:

• Genesee County received one new positive case of COVID-19.
  • The positive individual resides in Batavia.
  • The positive individual is in their 20s.
  • The positive individual was not on mandatory quarantine prior to testing positive.
  • Three of the previous community positive cases have recovered and have been released from mandatory isolation.
  • Seventeen new individuals are on precautionary quarantine due to travel from restricted states.
  • No individuals are hospitalized.
• Orleans County received zero new positive cases of COVID-19.
  • Zero of the previous community positive cases has recovered and has been released from mandatory isolation.
  • Eleven new individuals are on precautionary quarantine due to travel from restricted states.
  • Two of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.    

From the Genesee & Orleans health department:

Live in or own a home or rental unit built before 1978? Do young children living in the home? Worried about lead paint?

Most homes built before 1978 contain old lead paint. Lead is a metal that can harm children and adults when it gets into their bodies.

If paint peels, cracks, or is worn down, the chips and dust from the old lead paint can spread onto floors, windowsills, and all around your home.

Young children who lick, swallow, or breathe in dust from old lead paint can develop lead poisoning.

Although lead paint is the most common form of exposure, lead can also be found in water, soil, and in some products used in and around the home, such as imported china or inexpensive jewelry.

“Exposure to lead can seriously harm a child’s health and cause damaging health effects,” said Paul Pettit, Public Health director of Genesee and Orleans counties.

“Lead has the ability to damage to the brain and nervous system, slow growth and development, cause learning and behavior problems, and effect hearing and speech. Lead can also be passed from mother to baby during pregnancy.”

The Genesee–Orleans Lead Hazard Control and Healthy Homes Program aims to identify lead hazards within the home and provide resources where they are needed most. This is a federally funded grant program through the U.S. Department of Housing and Urban Development to help qualified residents in the City of Batavia and the Village of Albion* remove lead from their home for little to no cost.

Certified and trained workers may replace windows, doors, fresh paint, trim, siding, flooring, and more. Eligible properties must also be built prior to 1978, have a child under the age of 6 living in or frequently visiting the home (this includes pregnant women) or have a child with elevated blood lead levels, and be found to have lead-based paint hazards.

Below are the maximum household income limits to qualify:

Family Size

Batavia

        Albion

1

$25,800

        $26,750

2

$29,500

        $30,600

3

$33,200

        $34,400

4

$36,850

        $38,200

5

$39,800

        $41,300

6

$42,750

        $44,350

(Income limits subject to change annually.)

To complete an application, please call the Genesee County Health Department at (585) 344-2580, ext. 5555. After eligibility approval, a risk assessment of your home will be conducted to identify potential lead hazards and how they can be fixed. A certified contractor with complete the work and follow up testing will be completed to make sure your home meets the safety standards.

Property owners can also receive help through the Genesee–Orleans Lead Hazard Control and Healthy Homes Program. If your rental property has no more than four apartments and was built before 1978, you may be eligible for help in testing and correcting lead hazards.

Landlords renting to families within the City of Batavia or the Village of Albion* within the income limits listed above may be eligible. Priority will be given to homes where children under the age of 6 live, as well as to those that house children who have elevated blood-lead levels, or a pregnant female.

Participating owners must also agree to maintain rents at affordable levels (please see table below). Owners are required to contribute 10 percent of the project cost. If necessary, the program can temporarily relocate tenants while the work is being performed.

Unit Size

Batavia

    Albion

1 Bedroom

$680

    $775

2 Bedroom

$820

    $972

3 Bedroom

$1,120

    $1,211

4 Bedroom

$1,221

    $1,317

      (Monthly rent must include utilities.)
  (Rent levels subject to change annually.)

*Properties must be located in one of the following census tracts: 9507, 9508, 9510, and 0407.
Check your tract code at: https://geomap.ffiec.gov/FFIECGeocMap/GeocodeMap1.aspx