batavia

A tractor-trailer has jackknifed on Lewiston Road, near the Thruway. Traffic is completely blocked in both directions. Town of Batavia Fire Department is responding non-emergency. The roadway will be shut down at Route 63 and Galloway Road.

Local members of the Christian Motorcycle Association served up a pulled pork feast at Stan's Harley-Davidson today as a fundraiser for the group's various ministries.

Among the CMA's efforts is supporting overseas ministers, including buying them motorcycles for transportation (or horses or boats if that works better where they live). The group also supports a film project to spread the gospel through movies in remote parts of the world. The CMA also travels to the major motorcycle rallies and hands out water and other necessities as a way to open the door to sharing about Jesus.

Rep. Chris Collins was at Seymour Place today to announce the winners of the annual congressional art contest. Students from throughout the NY-27 submitted artworks, which were displayed at Go ART! and judged by local artists.

The winner, above with Collins, was Mitchell R. Krumm, of Clarence High School. Second place, bottom photo, was Judith Brennan, also of Clarence.

The awards were presented by Collins and Diana Kasten (second photo with Collins), a member of the GO ART! Board of Directors.

Photos and information submitted by Theresa Asmus.

Pastor Jim Renfrew speaks at the Peace Garden during the annual Crime Victims Rights Week walk in Batavia. The event also included a keynote address from Jean Cianfrini and an awards ceremony recognizing Ann Finch with the Crime Victims Service Award and Genesee County Sheriff's Department Youth Officer John Dehm with the Community Advocacy Award.

Below, Jean Cianfrini and Sue Gagne carry a Crime Victims Right's Week banner during the walk.

With a new name and a new logo, Paul Berardini is just about back in the pizza business.

Berardini unveiled the new look on Facebook last night.

It's been three months since Pauly's Pizza closed, but after lining up his brother as his new business partner, securing the lease for the Ellicott Street restaurant, as well as getting new equipment, Berardini anticipates opening the doors on Big Pauly's May 13.

"I'm happy to get back to making pizza in my hometown," Berardini said. "This is where I'm from and this is where I want to do business."

Pauly's ran into a little trouble with its expansion into Clarence and Berardini's partner needed to pull out. 

At the same time, Berardini had some health issues to deal with. He said he's healthy now and ready to start tossing pizza dough again.

The menu will change only slightly, with some items that didn't sell that well getting trimmed, but all of the recipes, the sauce, the dough, the wings and the chicken fingers will all be the same.

And many of Berardini's employees will return, he said.

The new shop's phone number will be (585) 343-BIGP.

There's also a new Facebook page for Big Pauly's. Click Here.

The Business Improvement Distirct held its annual luncheon this afternoon and honored three local businesses with "Spirit of Downtown" awards and two volunteers who have contributed greatly to the betterment of the BID and downtown.

Receiving Spirit of Downtown Awards were DelPlato & Casey Law Offices, Michael DelPlato and Peter Casey; Howard Owens, The Batavian; and, Harry Wortzman, Wortzman Furniture. The volunteer awards were given to Michael Marsh, of Edward Jones Investment, and James Isacc (pictured above), of Crossroads Abstract.

DelPlato and Casey were honored for their active participation in the BID.The Batavian was honored for the support the online-news publication gives to local businesses and downtown. Wortzman was honored for a long history of community contributions and support of downtown.

The event was emceed by WBTA's Dan Fischer. The guest speaker was Patrick Finan, founder of the Block Club in Buffalo, who spoke about the importance of shopping locally to the health and vibrancy of a local community.

Peter Casey

Harry Wortzman

A landlord-tenant dispute is reported on East Main Street and city police are now on scene. The argument between the two parties got quite loud. The tenant called dispatchers and accused the landlord of entering the residence without permission and removing drug paraphernalia.

A registered Level 3 sex offender and former Batavia resident has been charged with a course of sexual conduct with children.

The charges follow an investigation involving Batavia PD, the Sheriff's Office, Niagara County Sheriff's Office, Middleport PD and the FBI, and additional charges may be coming in other jurisdictions.

Sean M. Vickers, 44, of 117 Andes St., Geneva, was arraigned in City Court on counts of a course of sexual conduct against a child, 1st, and sodomy, 1st, both Class B felonies. A warrant was issued in Niagara County on two counts of a course sexual conduct against a child, 1st.

He was jailed in Genesee County jail on $500,000 bail.

The acts in Batavia are alleged to have occurred between 1999 and 2002 at a location on Maple Street. 

Chief Shawn Heubusch said Batavia PD received a complaint about Vickers in 2004 and detectives conducted an investigation, but there was insufficient evidence to sustain a charge.

Vickers is registered as a Level 3 sex offender based on a non-NYS conviction.

The investigation leading up to yesterday's arrest of Vickers started after the Niagara County Sheriff's Office contacted Batavia PD with information related to alleged offenses that may have occurred in Batavia, Heubusch said.

The investigation into Vickers is ongoing and anybody with information that might assist investigators are asked to call (585) 343-5000.

A barn on the Batavia side of Batavia Elba Townline Road, near Route 98. 

It's a beautiful day.

City crews this morning repaired a sink hole at 15 Oak St., Batavia. The location is a storm sewer that is still in use and is older than any of the homes on the block.

Press release:

The City of Batavia Republican Committee is excited to announce the results of its endorsement meeting held April 23rd. Securing the endorsement for the three City Council At-Large seats are Eugene (Geno) Jankowski Jr., John Deleo, and incumbent, Brooks Hawley. This slate of candidates represents an excellent mix of experience, enthusiasm and fresh ideas. 

Brooks resides in the City with his wife, Rhiannon, and their three children: Kelsey, Troy and Quinn. He serves as the recreation director at SUNY Geneseo and is completing his first term as an At-Large Council Member. 

Geno is a retired lieutenant from the City of Batavia Police Department and resides in the City with his wife, Leanne. He has two grown children, Bryan and Jennifer, along with a grown stepson, Nate. 

John is a retired N.Y. State corrections officer currently serving as a security guard at Batavia Downs Casino. He lives in the City with his longtime partner, Debbie Kulikowski.  Together they have four grown children. 

The Committee is proud to support all three candidates and committed to working hard toward a successful November election on behalf of all the residents of the City!

Top photo submitted by City GOP. Inset photo, file photo by Howard Owens.
 

A smash-and-grab thief struck three convenience stores overnight -- two in Genesee County and one in Erie -- taking cash and cigarettes.

The first break-in was reported at West Main Mini-Mart, 3845 W. Main Street Road, Batavia, at 10:54 p.m., according to Chief Deputy Jerome Brewster. The perpetrator smashed in the front doors and stole the cash register and an unknown quantity of cigarettes.

At 11:35 p.m., dispatchers received a burglary alarm for the Raceway Mini-Mart, 629 E. Main St., Batavia.

When officers arrived they found the front door smashed in and reported seeing evidence that the cash register and some quantity of cigarettes were stolen.

Chief of Police Shawn Heubusch said Batavia PD will release information on this break-in later today.

The Erie County Sheriff's reported a similar break-in at a store in Clarence at 12:33 a.m with the thief getting away with loose change, according to Brewster.

UPDATE: Batavia PD reports that about 20 cartons of cigarettes were taken from the Raceway location.

The Kiwanis Club of Batavia hosted its annual Law Day Dinner and honored six individuals for their outstanding career achievements in law and law enforcement.

Family Court Judge Eric Adams, above, was the keynote speaker.

Here are the honorees and information about their accomplishments as provided by the Kiwanis Club.

Gary A. Graber - Town Justice, Darien, New York
Judge Graber has been the Town Justice of Darien for the past 33 years, the longest presently sitting Justice in Genesee County. He has been a life member of the Darien Center Chemical Fire Department for 38 years, 10 years on the Board of Directors including two years as chairman. He also served as Darien Town constable prior to being elected town justice. Judge Graber has been an outstanding and recognized leader in the area of criminal justice in Genesee County, New York State and nationally.  He most recently was elected as president of the New York State Magistrates Association for 2012-2013 and has been a member of several committees and associations. Judge Graber was nominated for this award by retired Town of Bethany Justice Edgar J. Hollwedel.

Nicole Desmond – Treatment Court Coordinator, Batavia City Court
Nicole Desmond has had a substantial and significant impact on the criminal justice system in Genesee County.  She was hired in June of 2004 as a therapist with the Genesee County Mental Health Clinic and was assigned responsibility for Court Evaluations and the mental health needs of the inmates housed in the Genesee County Jail. In 2008, Ms. Desmond became the Drug Court coordinator, working out of Batavia City Court. She established weekend DWI testing protocols and worked along with several professionals and organizations to establish the Mental Health Court and the Veterans Track. Ms. Desmond has distinguished herself as a knowledgeable, passionate and hard-working professional dedicated to identifying gaps in systems and helping to facilitate humanistic programs to effect positive change. She was nominated for this award by Genesee County Jail Superintendent Ed Minardo.

Eugene A. Jankowski – Retired Lieutenant, City of Batavia Police Department
Eugene A. Jankowski served as the commander of the Batavia Police Department’s Emergency Response Team since its inception in 1994 until his retirement in 2013. He oversaw and organized the establishment of the team, sought out experts in the field, fostered relationships and arranged for the team’s training. Mr. Jankowski has dedicated an extraordinary amount of time and devotion to ensure that the team receives the proper training in up-to-date tactics and the best equipment, ensuring the safety of the team’s members and the success of the missions performed. Mr. Jankowski also was instrumental in the transition of the team from being solely a Batavia Police Department team to one that also incorporates members from the Genesee County Sheriff’s Office, enabling the team to provide services to all of Genesee County. Mr. Jankowski was nominated for this award by Batavia Police Detective Sergeant Patrick J. Corona.

Robert C. Noonan – Genesee County Judge, Genesee County Court
Robert C. Noonan is currently Genesee County Judge and has been since first elected in 1997.  He also serves as an acting Justice of the Genesee County Supreme Court. Judge Noonan served as Genesee County District Attorney from 1988 to 1996 and served as First Assistant District Attorney from 1980 to 1987. He attended St. Lawrence University and obtained a law degree from Fordham University Law School in 1975. Judge Noonan is former chair of the New York State Bar Association Special Committee on Procedures for Judicial Discipline and is past president of the County Court Judges’ Association of the State of New York. Judge Noonan has been a leader in criminal justice for several years and is well respected by his peers and members of the criminal justice system. Judge Noonan was nominated for this award by Genesee County Sheriff Gary T. Maha.

Sandy Wojtaszczyk – Child Protective Services Supervisor, Genesee County Department of Social Services
Sandy Wojtaszczyk began her employment with the Genesee County Department of Social Services in 1998 as an aide for Adult Services, was promoted in 2000 to caseworker and then to supervisor in 2009. She supervises a staff of eight full-time caseworkers who oversee 1,000 suspected cases of child abuse, neglect and/or maltreatment each year in the Genesee County area. Sandy is also responsible for the on-call system 24-hours-a-day, seven days a week, and 365 days a year. She volunteers to supervise student interns from various local colleges that wish to obtain practical experience in the field of child welfare. Sandy has served on several teams and panels in the community and continuously volunteers at the Salvation Army during the holidays and for the women’s auxiliary at the Elba Fire Department. Ms. Wojtaszczyk is an efficient, effective, and respected supervisor that has served her community and county in many capacities in a humble, modest and respectful manner. Ms. Wojtaszczyk was nominated for this award by New York State Police Investigator Andre Dunlap.

Thomas A. Graham – Town Justice, Oakfield, New York
Judge Graham has been the Town Justice for Oakfield since 2006. He is the treasurer for the Genesee County Magistrates’ Association and is also responsible for coordinating training for the group. Previously, Judge Graham was employed as a sargeant with the Genesee County Sheriff’s Office, and after serving 20 years, retired in 2005. During his tenure at the Sheriff’s Office, Judge Graham oversaw the Dispatch Center and its transition to the 800-megahertz radio system. Judge Graham is involved in educating the youth in Oakfield by allowing Boy Scout Troops and students to attend his court sessions and then stays after to answer questions and explain court procedures. In his role as Town Justice, Judge Graham has earned the respect of other judges and attorneys in the County by portraying a professional and fair attitude. Judge Graham was nominated for this award by fellow Oakfield Town Justice and Retired Batavia Police Chief Randy Baker.

CHARLES L. MANCUSO AWARD
The “Charles L. Mancuso Award” was presented to the members of the Batavia High School Mock Trial Team as winners of the 2013 GLOWS (Genesee, Livingston, Orleans, Wyoming and Steuben counties) District Competition in the New York State Bar Association High School Mock Trial Tournament.  The award reads “Dedicated to the Memory of an Outstanding Attorney-Citizen”, Mr. Mancuso, a Batavia lawyer, served as coordinator of the local competition until his untimely death seven years ago. The Batavia High School team members honored at the dinner include: Attorneys: Kaitlin Logsdon, Trey Abdella, McKenzie Stevens, Matthew Gabriele, Bryce Rogers, Beth Bennion, Rebecca Canale, Danielle Quinn. Witnesses: Brandon Smart,
Dylan Beckman, Samir Jain, Eric DiLaura, Katie Kesler, Cara Ranalli, Alex Mott, Adam Weaver, Chelsea Jensen.

Genesee County District Attorney Lawrence Friedman, who serves as coordinator of the local Mock Trial Program, and Genesee County Bar Association President Mary Kay Yanik presented the award.

Eugene Jankowski

Sheriff Gary Maha and Judge Robert C. Noonan

To purchase prints of these photos, click here.

Daniel Thomas Henning, 32, of Maple Street, Batavia, is charged with six counts of forgery, 2nd, and one count of grand larceny, 4th. Henning is accused of using the business credit card of his employer to make unauthorized personal purchases at a retail store on Veterans Memorial Drive. He allegedly signed the name of a coworker to the sales receipts. Henning was jailed on $20,000. He faces possible additional charges in the City of Batavia for similar activity at a store on Ellicott Street.

Matthew F. Vanbuskirk, 23, of Le Roy, is charged with DWI and unlawful possession of marijuana. Vanbuskirk was arrested by State Police related to an incident reported at 4:27 p.m., April 17. Vanbuskirk was arrested at Strong Memorial Hospital.

Rose Elizabeth George, 22, of Council House Road, Basom, was arrested on a bench warrant related to a harssment, 2nd, charge.

A Hutchins Street resident was arrested at her home Wednesday evening by members of the Local Drug Enforcement Task Force for allegedly selling cocaine to an undercover agent.

Michelle C. Scroger, 41, is being charged with two counts of criminal sale of a controlled substance, 3rd, a Class B felony, and two counts of criminal possession of a controlled substance, 3rd.

Scroger is accused of selling cocaine to an agent on two separate occasions.

She was arrested on a sealed grand jury indictment and jailed pending further court proceedings.

Batavia PD assisted in Scroger's arrest.

Press release:

At one Batavia insurance agency, when spring rolls around, it’s Team Lawley all the way. Staff throws donations into a hat to win vacation days from work, and clients of Lawley Genesee Insurance Agency open their wallets, too, in support of the agency’s managing partner, Bill Fritts. Fritts’ wife, Theresa, has multiple sclerosis, and each spring for the past five years, just about everyone in the office has participated in Walk MS Batavia, a fundraiser for the National MS Society Upstate New York Chapter.

“Theresa is a very nice person, and it just seemed like a great thing to get involved with once we learned she had MS,” said Marissa Weaver, an account manager at the company.

Money raised through Walk MS goes to research to find a cure for the often disabling disease of the central nervous system that affects more than 100 people in Genesee County. Funds also support programs and services for more than 12,800 people living with MS in Upstate New York and their families. This year, Walk MS Batavia is on Sunday, May 5, at Dwyer Stadium starting at 10 a.m.

“Our office enjoys participating in fundraisers and events in the community, so it just seemed natural to want to get involved where it meant something to someone we know,“ said Weaver, who is captain of Team Lawley, which raised $1,500 last year.

One unique fundraiser they devised is an office raffle – a dollar a ticket – and the winner gets paid time off from work.

“People in the community think it’s great,” Weaver said. “Our company has several core values and one is community involvement. We are trying to come up with more creative ideas how to fund raise that might be out of the office and more in the community.”

The staff puts together baskets to raffle off, that include a mix of lottery tickets and gift cards, and clients generously pitch in to win.

The staff’s leader, Fritts, will be among the team’s 20 members walking this year.

“It’s fun to get out of the office and together with coworkers,” Weaver said, “especially for an event like Walk MS. It’s most enjoyable on a nice weather day, but we walk through rain or shine.” 

And Weaver says Fritts is grateful the whole office has come on board in honor of his wife, supporting her through good weather and bad.

A Genesee Community College softball coach who was accused of filing time cards for duplicate hours worked at two different government agencies has resigned her position with the college, according to GCC spokesperson Richard Ensmans.

Besides coaching at GCC, Renee Smith, 28, was being paid as a recreational therapist for the State Office for People with Developmental Disabilities.

The inspector general said at one time Smith said she was on the clock for her full-time job with the state when she was in fact traveling to Myrtle Beach, SC, with the GCC softball team.

The state claims Smith bilked the state out of $1,000 in false payments.

The Democrat & Chronicle was first to report the allegation that Smith was double-dipping on her state pay and her GCC pay.

(via WBTA)

Grace Suozzi, the 70-year-old former Walmart cashier who was punched in the face Christmas Eve 2011 by 27-year-old Jacquetta Simmons, is seeking $2,100 in restitution for expenses related to her injury.

Judge Robert C. Noonan presided today over a restitution hearing and will issue a decision later on the restitution request.

Suozzi's daughter, Teresa Wormley, testified that she has been handling her mother's medical care, including taking her to and from medical appointments.

The itemized list of restitution claims includes co-pays, high blood pressure medication, transportation mileage and lost earnings because Suozzi could not work as a poll watcher during the last election.

The attorney for Simmons, Earl Key, objected to just about every question put to Wormley by ADA Melissa Cianfrini, saying that Wormley lacked the proper expertise on the topics.

At one point, Noonan became exasperated with Key and told him the rules for evidence in a restitution hearing were not the same as criminal trial.

Key said he just wanted to get his objections on the record, which Noonan agreed was his right.

During cross examination, Key probed Wormley about why she hadn't submitted medical bills to workers comp and Wormley said she didn't know she could. 

In closing arguments, Key argued that Suozzi wasn't entitled to restitution for items she could have been reimbursed for (through workers comp) and that since Suozzi hadn't been to a doctor for years priror to the incident, there's no way of knowing if she already had high blood pressure. Key argued that Simmons shouldn't pay for the $215 in high blood pressure medication.

Cianfrini said that Simmons was responsible for actual out-of-pocket expenses and the restitution sought was within the scope of the law. She also pointed out that the court has previously awarded restitution for a third party to drive a victim to and from medical appointments.

After the hearing, District Attorney Lawrence Friedman said it doesn't really matter whether Suozzi has sought workers comp for her uncovered medical expenses because any restitution would go to workers comp if those claims were approved.

Typically, in restitution cases, defendants must reimburse insurance companies that have paid out claims.

Simmons, out of prison pending an appeal of her sentence, appeared in court with her family and her infant child.

At the end of the hearing, Noonan asked about the status of the stay of sentence issued by the Court of Appeals. The stay expires May 31 and Key indicated he plans to have his actual motion to have the sentence vacated by then, and will seek a continuation of the stay pending further consideration of the appeal.

Two of the group of railroad crossings between the Genesee and Erie County line that had been closed reopened this morning by 9, but the rest remain closed and according to a CSX manager at Wortendyke Road, will remain closed through tomorrow.

Upton and Snipery roads are open.

Route 77, which had been partially closed for some repair work was open at 10:30 a.m.

The closures are affecting travel for residents, bus drivers, and of course, emergency responders. 

We requested comment from the CSX media center last night and again today but have yet to get a response.

Crossing above: Wortendyke Road.

UPDATE: As soon as I hit save on this, a representative from CSX called. He needed to get more information so he could get us more information. We'll update this post accordingly when we hear back.

Wilkinson Road

Ellinwood Avenue

Colby Road

Fargo Road

Some railroads crossings of the CSX line in Genesee County will be temporarily closed this evening in portions of the Town of Batavia, Darien, Corfu and East Pembroke.

Railroad crossings will be closed to all traffic on Wortendyke, Upton, Wilkinson and Colby roads, and Ellinwood Avenue, and possibly at other locations along that rail route.

The closure is expected to last until approximately midnight.