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December 17, 2019 - 3:00pm


KNOW YOUR RIGHTS! You have the right to a safe workplace. Federal laws state that your employer must provide a work area with no known health or safety hazards. You also have the right to: 

  • Be protected from toxic chemicals;
  • Request an OSHA inspection, and talk with the inspector;
  • Be trained in a language you understand;
  • Work on machines that meet safety regulations;
  • See copies of the workplace injury and illness log;
  • Get copies of test results done to find hazards in the workplace;
  • Be provided required safety gear, including but not limited to: Hardhat, gloves and harness;
  • Report an injury or illness, and get copies of your medical records If you or someone you know has been injured or fallen ill due to unsafe work conditions. 

Call Dolce Panepinto at 716-852-1888 immediately. We understand how life-altering a work injury can be, and we are here to help.

December 17, 2019 - 1:44pm
posted by Billie Owens in NYSP, Batavia Troop A, Cold Case Tuesday, news, crime, notify.

Press release:

Cold Case Tuesday

New York State Police in Batavia continue to investigate the 1983 homicide of a Florida woman found in Orleans County.

On Oct. 29, 1983, a body was found by a hunter off of Route 63 in the Iroquois National Wildlife Refuge, in the Town of Shelby. The victim was found several feet off the shoulder of the roadway, in a severely decomposed state, and is believed to have been there for several months.

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In 1984, the Center of Human Identification was used by the New York State Police to make a facial reconstruction from the remains (pictured above). This was done to make a facial render to give the public a possible identity to compare and also render sketches.

In October of 2013, the body was exhumed and DNA testing was done. The victim was identified as Shari Lynne Ball.

Ball was reported missing by her family in June of 1983 to the Palm Beach County Sheriff’s Office in Florida. She had told her family that she was going to New York State with an unknown friend to pursue a modeling career.

At the time of her disappearance, Ball was living in Boca Raton, Fla., was a 20 year old white female, 5’ 4”, 100 pounds, with hazel eyes and blond hair. Ball was also known to use the last name of Timmerman.

Anyone with information regarding this investigation is asked to contact the New York State Police Bureau of Criminal Investigation in Batavia by calling 585-344-6200. Please refer to SJS # 3032334.

December 17, 2019 - 1:01pm
posted by Howard B. Owens in crime, batavia, news, notify.
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     Plush Dozier

A Batavia man awaiting trial on arson and attempted murder charges was arraigned on a new criminal complaint stemming from his alleged behavior while in custody since his arrest in June 2018.

Plush Dozier has been indicted on counts of criminal mischief in the second degree and criminal mischief in the third degree.

It's alleged that on Aug. 4, 2018, he kicked out a plate of glass in a holding cell at the Genesee County Jail, which caused more than $5,000 damage. He's also accused of causing more than $250 of damage to a Sheriff's Office patrol vehicle on Aug. 20, 2018.

Dozier is being held without bail for allegedly setting fire to a house on Maple Street in the city with the intent of killing his girlfriend on June 15, 2018.

While awaiting his criminal proceedings, Dozier has been housed at least some of the time in solitary confinement at Attica Correctional Facility.  

In September, the Commissioner of Mental Health determined that Dozier is mentally fit to stand trial. He is expected to go to trial the week of March 16.

See previous coverage:

December 17, 2019 - 1:01pm
posted by Billie Owens in business, agriculture, Charles Schumer, industrial hemp, CBD.

Press release:

U.S. Senator Charles E. Schumer today announced, following his major effort, the successful inclusion of $2 million in the soon-to-pass bipartisan omnibus spending package for Fiscal Year 2020 for the Food and Drug Administration (FDA) to continue research, market surveillance, and appropriate regulatory activities for products containing the increasingly popular cannabidiol (CBD).

Even though CBD products have gained popularity since the 2018 Farm Bill legalized the farming, manufacturing, and selling of industrial hemp, Schumer explained that the FDA has yet to set regulations or safety requirements for CBD derived from hemp.

According to Schumer, the lack of federal guidance and clarity is sowing chaos for both consumers and in the rapidly emerging Upstate New York industrial hemp industry, which saw sales of CBD products surpass $200 million nationally in 2018.

Therefore, in the upcoming, bipartisan appropriations package, Schumer fought for a provision setting aside $2 million for regulatory activities, research, and policy evaluation of CBD products.

The legislation also includes a requirement that the FDA issue a report to Congress within 60 days on its progress determining a regulatory framework for CBD products. Additionally, the provision requires the FDA to study a sample of CBD products currently on the market, to better understand which products are mislabeled or otherwise misrepresented.

“CBD is brimming with potential to be a billion-dollar industry across New York State, bringing along countless jobs and truly meaningful economic development with it. But before that can happen, we need to be 100-percent sure we understand the ABCs of CBD—its impact on human health, and how best to regulate it at the federal level,” Senator Schumer said.

“That’s why during the negotiations for the bipartisan spending package, which is set to pass in the next few days, I fought tooth and nail to secure a provision setting aside $2 million for the FDA to, at long last, begin developing a regulatory framework for CBD—and demanding the agency update Congress on its progress.

Once these necessary rules and restrictions are set, the industry will seed and grow from one corner of the state to the other, many good-paying jobs will be created in the industrial hemp space, farmers will be able to safely cash in on this cash crop, and consumers will be protected.”

CBD is one of the two main chemical compounds that can be found in the cannabis plant. However, CBD is not psychoactive, meaning that it cannot get a person high—unlike tetrahydrocannabinol (THC), the other chemical compound found in many types of cannabis plants, primarily marijuana.

CBD products have become exceptionally popular in the marketplace, with estimated sales of CBD-containing products, such as oils, gummies, balms, lotions, and capsules, surpassing $200 million in 2018.

According to the New York State Department of Agriculture and Markets, there are currently just under 500 people, businesses, and organizations spread across New York State licensed to grow and process industrial hemp.

According to news reports, roughly three-quarters of those licenses were approved for the purposes of cultivating and extracting CBD. Currently, there are 18,000 acres of land licensed for industrial hemp growing in New York State, with 14,000 designated for CBD cultivation and extraction.

Furthermore, of New York’s 62 counties, 56 are home to industrial hemp farms and related growing operations. Schumer explained that these figures show just how much potential CBD products have to boost the economy across New York State, should clear guidance on CBD be issued by the FDA.

Industrial hemp is a type of cannabis plant that is grown largely for industrial uses, but it can also be utilized for food, oil, and cosmetic products. Hemp contains a very small amount of THC, typically between 0.2 and 0.3 percent on a dry weight basis, and while from the same species of plant as marijuana, the two plants have varied widely in use.

However, due to the existence of THC in hemp, Schumer explained, both plants were considered “controlled substances” under federal law, meaning the U.S. Drug Enforcement Administration (DEA) was the primary regulator for hemp production.

Schumer argued that this narrow view has undermined the crop’s agricultural and economic potential. With the Hemp Farming Act of 2018 passed by Congress and signed into law last year, this unnecessary roadblock has been lifted, and industrial hemp’s significant potential to become a cash crop in Upstate New York will be unleashed.

December 17, 2019 - 12:27pm
posted by Howard B. Owens in Deal of the Day, advertisement.

Reminders of how the Deal of the Day program works:

  • To make purchases, you must be registered. Deal of the Day uses a registration system that is not connected to the registration for commenting on The Batavian (the main user login in the upper left of the homepage).
  • Once re gistered you must sign in using the "sign in" link in this box.
  • You click on the orange button, which appears if the item is not sold out, and it takes you to a PayPal button. This allows you to pay either with your PayPal account or with a credit card/debit card. The login for PayPal is completely separate from our accounts.
  • The first person to successfully complete the PayPal transaction wins the gift certificate.
  • You are eligible to buy the same item only once in a four-month period. We use the registration system to track this for you so you don't have to.
  • Only one gift certificate from the same business PER HOUSEHOLD is allowed in each four-month period. We do not have a way to automatically track duplicate purchases within a household; however, if we notice such a purchase, we reserve the right to cancel the purchase and refund the purchase money. Each individual buyer must use his or her own PayPal account for purchases. It's important that participating businesses not be asked to redeem multiple gift certificates from the same person/family at the same time.
  • Gift certificates should be used within 30 days of receipt.

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December 16, 2019 - 6:23pm
posted by Howard B. Owens in weather, news.

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Genesee County is on the northern perimeter of a long storm path that is moving from the Midwest to the Northeast over tonight and into tomorrow evening.

If we see snow, which is predicted, the range is expected to be from one to three inches.

Graphic: Accuweather.

December 16, 2019 - 5:39pm
posted by Howard B. Owens in news, Jackson School, batavia, schools, education.

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Each month at Jackson Primary School, students learn about a different character trait and this month they learned about kindness.

The community member who helped them with their kindness lessons this month was Capt. Greg Ireland, Batavia Fire Department. Ireland made a video where he read a book about kindness and gave the children a tour of the fire hall.

Today, he had lunch with several of the students and talked with the children about kindness, especially how firefighters are kind. They all ate pizza. One student from each class was selected to attend the lunch based on a teacher recommendation for exemplifying kindness at school.

All of the students at the lunch received a certificate recognizing their kindness.

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December 16, 2019 - 5:33pm


Pictures courtesy of Jason Smith.

On Dec. 8, Resurrection Parish Faith Formation celebrated a Sacrament of Confirmation Commitment Mass. Then families prepared greeting cards and children colored pictures and they prepared to distribute cookies to homebound parishioners.

Lunch for students and families was donated by Sodality of Resurrection Parish.

December 16, 2019 - 5:20pm
posted by Howard B. Owens in crime, batavia, news, notify.
moynihanthomas2019.jpg
   Thomas Moynihan

A 44-year-old State Street man admitted in court to stealing $344.50 from the Days Inn in Batavia in October, but as part of a plea deal may with have an opportunity to enter a judicial diversion program.

It will be up to Judge Charles Zambito to decide whether Thomas P. Moynihan can enter a substance abuse program following a report by probation officials to determine his potential eligibility for the program.

Moynihan is due back in court Jan. 3 to hear Zambito's decision.

If Moynihan successful completes the program, his felony charge could be reduced and he would be eligible for probation with no jail time.

If he doesn't successfully complete the program, he would be looking at a prison term of two to seven years.

Moynihan has no prior prison record.

He was arrested by Batavia PD after he went into an area designated for employees at the Days Inn, confronted an employee, demanded money, and then fought with the employee before fleeing.

The employee was not hurt in the incident.

Today he entered a guilty plea to robbery in the third degree.

December 16, 2019 - 5:02pm
posted by Howard B. Owens in Green Light Law, DMV, County Clerk, news, notify.

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A change in the law, called the "Green Light Law," that would allow people in the United States without legal permission to be here to obtain a driver's licenses is getting push back in Genesee County from local residents and the County Clerk.

A small group of residents staged a protest outside County Building #1 this morning. Also this morning, County Clerk Michael Cianfrini announced a moratorium on new driver's permits because he is concerned about the lack of training his staff has received about the new law.

"We're out here because we disagree with Gov. Cuomo about the law," said Carl Hyde, or organized the protest. "We're American citizens and we have a right to freedom of speech and to say the law is wrong and we disagree with it."

He expressed concern about DMV staff locally not receiving adequate training to inspect documents from other nations and decide if documents that are presented to determine identity are legitimate documents.

That's also the worry of Cianfrini, who has been hoping the governor would delay implementation of the law or a court would intervene to at least slow down its implementation.

"As it became obvious that none of these were going to happen, I consulted with county management and our county attorney and decided that this was the best course of action in the very short term," Cianfrini said. "As the state has changed many of the policies and procedures that we use to process new applications while providing minimal training and information on exactly how to handle various situations, we were uncomfortable with completing the transactions."

He said that if clerks were presented with documents they could not verify or authenticate, or if the clerks suspected fraud, they would be prohibited from contacting law enforcement and from keeping copies of the docuemnts. At the same time, he said the county DMV has been told to handle suspicious documents "as we always have."

"I am afraid that we will either take a copy of something or report something that we shouldn’t, and find ourselves in violation of the law, or accept and process something that we shouldn’t and likewise run afoul of the law," Cianfrini said. "As we do not discriminate against anyone based upon a suspicion of country of origin or suspected legal status, we felt it necessary to implement this blanket moratorium on new permits to protect ourselves and to be in a position to handle the transactions properly when we start issuing them again.  It is my sincere hope that we will be able to begin processing new permit transactions again within the next few days."

December 16, 2019 - 4:39pm
posted by Howard B. Owens in crime, batavia, news, notify.
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      Dustin Bogue

A 37-year-old transient with roots in Batavia will spend 12 and a half years in prison for his first-degree robbery of the Speedway at 204 W. Main St. in September.

Dustin Wayne Bogue was also charged with criminal possession of a weapon and criminal possession of stolen property.

He entered the Speedway at 1:51 p.m. Sept. 14 and Batavia PD responded to a report of a robbery. He was later arrested following an investigation. 

Under terms of a previous plea agreement, the maximum sentence Bogue faced was 15 years. He could have gotten a minimum of 10 years. District Attorney Lawrence Friedman said Judge Charles Zambito decided to split in half the maximum statutory time of 25 years, which is how he arrived at 12 and a half years.

Bogue has previously served prison terms for unauthorized use of a vehicle, second-degree assault, and criminal contempt.

His father, Lewis W. Bogue Jr., was convicted in Genesee County Court in 1995 of rape and sodomy (Dustin Bogue was not the victim). Zambito, according to Friedman, said he realized Bogue had a rough childhood but he said that was no excuse before imposing the prison term.

December 16, 2019 - 4:04pm
posted by Howard B. Owens in joan seamans, video, state senate.

Video submitted by the Joan Elizabeth Seamans campaign.

December 16, 2019 - 3:41pm
posted by Howard B. Owens in gas prices, news.

Press release from AAA: 

Today’s national average price for a gallon of gasoline is $2.55, down 2 cents since last week. One year ago, the price was $2.38. The New York State average is $2.67 – down 1 cent from last week.

A year ago, the NYS average was $2.71. AAA Western and Central New York (AAA WCNY) reports the following averages:

  • Batavia - $2.65 (down 1 cent since last week)
  • Buffalo - $2.61 (no change since last week)
  • Ithaca - $2.66 (no change since last week)
  • Rochester - $2.65 (no change since last week)
  • Rome - $2.61 (no change since last week)
  • Syracuse - $2.58 (down 1 cent since last week)
  • Watertown - $2.66 (no change since last week)

Total domestic gasoline stocks continue to increase, according to data from the Energy Information Administration (EIA). Stocks increased by 5.4 million barrels in the most recent report, bringing the total to 234.8 million barrels. Additionally, gas demand decreased.

As stocks continue to grow, while demand decreases, pump prices across the nation are likely to continue seeing downward pressure this week before holiday travel begins.

Gas prices are higher this year than one year ago. The year-over-year difference is due to higher crude prices this winter compared to last year.

From Gas Buddy:

"Gasoline prices have now slid to their lowest level since March thanks to rising U.S. gasoline inventories and sluggish demand, certainly bringing some Christmas cheer to motorists," said Patrick DeHaan, head of petroleum analysis for GasBuddy. "The jump in gasoline inventories has been so large it has offset oil prices which touched $60 per barrel last week, as well as the U.S. and China suggesting they've reached a trade deal.

"Pending more significant proven trade ties between the two major countries, we may have seen the rally in oil stall for now, as refined product inventories post notable jumps going into the end of the year. It may take more inspiration for oil's recent run to translate over into lackluster gasoline, with motorists the clear beneficiaries -- they'll be able to spend a bit more on shopping for those last-minute Christmas gifts."

December 16, 2019 - 3:15pm
posted by Howard B. Owens in Deal of the Day, advertisement.

Reminders of how the Deal of the Day program works:

  • To make purchases, you must be registered. Deal of the Day uses a registration system that is not connected to the registration for commenting on The Batavian (the main user login in the upper left of the homepage).
  • Once re gistered you must sign in using the "sign in" link in this box.
  • You click on the orange button, which appears if the item is not sold out, and it takes you to a PayPal button. This allows you to pay either with your PayPal account or with a credit card/debit card. The login for PayPal is completely separate from our accounts.
  • The first person to successfully complete the PayPal transaction wins the gift certificate.
  • You are eligible to buy the same item only once in a four-month period. We use the registration system to track this for you so you don't have to.
  • Only one gift certificate from the same business PER HOUSEHOLD is allowed in each four-month period. We do not have a way to automatically track duplicate purchases within a household; however, if we notice such a purchase, we reserve the right to cancel the purchase and refund the purchase money. Each individual buyer must use his or her own PayPal account for purchases. It's important that participating businesses not be asked to redeem multiple gift certificates from the same person/family at the same time.
  • Gift certificates should be used within 30 days of receipt.

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December 16, 2019 - 3:13pm
posted by Billie Owens in GCC, Spring 2020, blues, theater, news.

Submitted photos and press release:

Besides the traditional ribbon-and-bow-wrapped gifts, there are gifts of shared experiences -- such as tickets to events. With the latter in mind, the Genesee Center for the Arts located at Genesee Community College announces its spring season lineup in time for the holidays.

Spring 2020 brings a playbill fit to entertain everyone.

Excited to begin the season, GCC's student performers, the Forum Players, will perform "Doubt: A Parable," written by John Patrick Shanley, which won both a Pulitzer Prize and Tony Award in 2005.

This performance is a brilliant and powerful drama which tells the story of Bronx school principal Sister Aloysius, who takes matters into her own hands when she suspects the young Father Flynn of improper relations with a male student. Shanley not only wrote the play, but he also wrote the screenplay and directed it as a film starring Meryl Streep and Philip Seymour Hoffman.

GCC's talented Forum Players will also bring this parable to life with four live performances, directed by Maryanne Arena and Jaime Arena, which are intended for mature audiences.

  • Thursday, Feb. 20 at 12:30 p.m.
  • Friday, Feb. 21 and Saturday, Feb. 22, both at 7:30 p.m.
  • Sunday, Feb. 23 at 2 p.m.

On Friday, March 27, at 7:30 p.m., the Stuart Steiner Theatre will host singer-guitarist Steve Grills (inset photo left) and the Roadmasters. Originally from Rochester, Grills' music is deeply rooted in the blues tradition.

He draws inspiration from the giants of blues guitar, such as Freddie King, Earl Hooker, Magic Sam and Albert Collins, among many others.

As a special addition to the evening, fellow Rochester guitarist Joe Beard (inset photo below right), originally from Ashland, Miss., will join the Roadmasters as an opening act.

Beard has played many major festivals in the United States and Europe and was inducted into the Rochester Music Hall of Fame in 2017. He has released four albums to great critical acclaim.

Then, in May, the Forum Players return with a Children's Theatre production of "Jack," written by Mike Kenny. Kenny's version of "Jack and the Beanstalk," directed by Norm Gayford and Rob Reiss, adds a wonderfully creative and contemporary twist to the classic storyline.

The production will open with Jack in a dinner pot awaiting his fate as the main course for the hungry giant. As Jack recounts how he found himself on the giant's dinner menu, he talks his way out of the soup pot with a fun, humorous outburst that keeps audiences laughing and begging for more. 

Take a magical journey up a beanstalk into an unknown world above the clouds and back again. This is perfect family fun for all generations.

  • Friday, May 1 at 7 p.m.
  • Saturday, May 2 at 2 p.m. and 7 p.m.
  • Sunday, May 3 at 2 p.m.

Tickets for shows at GCC's Stuart Steiner Theatre are $8 for adults, $6 for alumni (with ID) and $5 for seniors (55+), students (16+) and GCC faculty/ staff. GCC students with ID and children under 16 are $3. To reserve seats, contact the GCC box office at [email protected] or (585) 345-6814.

December 16, 2019 - 2:03pm

Submitted photo and press release:

This week offers a cultural opportunity to support local artists, and in this case also local filmmakers, screenwriters and actors.

From 5:30 till 11 p.m. on Wednesday, Thursday and Friday, Dec. 18, 19 and 20 the College is hosting the fourth annual Western New York Film, Art and Music Event (FAME), organized by Beaver Alley Studios Inc. and cosponsored by the CineMagic, a GCC student organization. The event will be held in the central Forum of the Batavia Campus.

Over the three nights, the FAME Festival will be showing an array of different films including documentaries on the first night. On Friday evening, awards will be given in a variety of different categories including:

  • Film --- Best No-Budget Film (under $15,000), Best Director, Best WNY Film, Best Short Script and more;
  • Music Video-- Best Cinematography, FAME Audience Choice, Most Unique Concept Song/ Video;
  • Photography-- Landscape, People, Events, Nature, Best Body of Work.

Admission to each night is completely FREE. Mature content is scheduled for screening after 9 p.m., but the bulk of the work to be viewed is intended for all-age audiences. Nearly 50 screenplays, photo films and music videos were entered into the contest.

For additional more information on the festival, click here.

Beaver Alley Studios Inc. is a nonprofit organization founded by Rhonda Parker, a 2015 GCC graduate (inset photo right) who earned degrees in Communications and Media Arts and as well as Paralegal Studies.

Parker established Beaver Alley Studios Inc. to facilitate the production, promotion, distribution, exhibition and celebration of independent art in all forms, especially art from a female perspective. The organization offers services such as screenwriting and script consultation, cinematography, editing, film reviews, film school, and packages for events, commercial use, music videos and short films.

A resident of Albion, Parker is an active filmmaker and produced several full length movies, including her first, "Friends Don't Let Friends - Date Friends" in 2014. She has also written and produced the feature films "Lonely Bananas," "Message in a Bottle," a number of short films, and early in her film career she appeared as a "Walmart mom" in a television commercial.

For more event details, contact Beaver Alley Studios Inc. President Rhonda Parker at (585) 798-2815 or via email at[email protected] or Genesee Community College Assistant Professor of English and Film Shawn Adamson at (585) 343-0055, ext.6156, or via email at [email protected].

December 15, 2019 - 6:59pm
posted by Howard B. Owens in GORUCK, Batavia PD, batavia, news.

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Batavia police officers received delivery of cookies and milk, donated by Batavia's Original, yesterday afternoon from the local GORUCK club.  

Rucking combines strength and cardio training. It is walking with weighted ruck backpacks.

Photo: Officer Wes Rissinger, Officer Miah Stevens, and the Dentino family, Gabrial, 2, with his father Colin, Ryan, 7, and Maria. Colin and Maria participate in GORUCK events.

December 15, 2019 - 6:27pm
posted by Mike Pettinella in sports.

Robbie Hanks continued his hot streak in Genesee Region USBC league play this week by rolling a 300 game and 801 series at Oak Orchard Bowl in Albion.

The right-hander, who works at the lanes owned by his father, Randy, posted games of 300, 256 and 245 in the Thursday Triples League.

It is the second 300 game in a month for Hanks.

At Rose Garden Bowl in Bergen, Brandon Marshall set the pace in the G&W Vending League on Tuesday nightwith a 279 game and 761 sereis.

For a list of scores from around the Genesee Region last week, click on the Pin Points tab at the top of this page.

December 15, 2019 - 4:46pm
posted by Howard B. Owens in Le Roy, video, basketball.
Video Sponsor

The Oatkan Knights fell for the second time in the season, moving to 3-2, with a 57 to 46 loss to York at Le Roy.

Andrew Loftus scored 15 points for the Knights. Cody Lyle scored 10 and Gia Caccamise scored 9.

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