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Howard B. Owens's blog

March 17, 2021 - 10:46am
posted by Howard B. Owens in Chris Jacobs, covid-19, coronavirus, business, NY-27.

Press release:

Congressman Chris Jacobs (NY-27) cosponsored and helped pass H.R. 1799, the Paycheck Protection Program (PPP) Extension Act.

“Small business owners are still facing major challenges as a result of COVID-19. As we work to rebuild our economy and get people back to work, it is important to ensure businesses have access to every resource possible,” Jacobs said.

“This legislation extends the application deadline for this successful program so more businesses can receive benefits and reopen.”

The Paycheck Protection Program Extension Act extends the deadline for a small business to apply for a PPP loan by two months. The application deadline was previously set at March 31st, 2021. For more information on how to apply, click here

March 17, 2021 - 10:43am
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.
  • Problems, questions, concerns about the Deal of the Day? Email Billie Owens:   [email protected]
March 16, 2021 - 5:40pm
posted by Howard B. Owens in Michael Tomaszewski, crime, batavia, news, notify.

An anticipated plea from Michael S. Tomaszewski in his funeral home fraud case has been delayed until April 13 for reasons not revealed during a brief County Court hearing today.

During the virtual hearing, Judge Charles Zambito and both attorneys -- Thomas Burns for the defense and Assistant District Attorney Kaitlynn Schmit -- mentioned a prior off-the-record discussion about the case without indicating what was discussed, but it seemed to have some bearing on Tomaszewski's decision not to enter a plea today.

For the record, Schmit said she thought there should be no delay in the plea.

"I don’t think our discussion today is going to have any effect on the plea offer," Schmit said. "I would like to have closure for the victims in these cases. I would ask that we proceed with the defendant’s plea if that’s how he intends on proceeding."

There is no indication that Tomaszewski won't accept the plea deal that's been offered by the District Attorney's Office.  

At a hearing in early February, the pending plea offer was discussed. Under the terms, Tomaszewski would admit to a Class D felony, a Class E felony, and a misdemeanor public health law offense. There is no cap on Tomaszewski's possible sentence but his time would run concurrently on all three counts. 

The plea couldn't be accepted at that hearing because Tomaszewski had not yet been arraigned in Town of Batavia Court on pending charges in that jurisdiction.

Today, Zambito appointed himself acting town justice and accepted Tomaszewski's not guilty plea to those charges during an arraignment.

Those charges will be satisfied with a guilty plea if Tomaszewski accepts the pending plea offer.

Tomaszewski, who operated the Michael S. Tomaszewski Funeral Home and Cremation Chapel in Batavia for more than a decade, faces more than 200 charges stemming from accusations that he took money from customers who intended to prepay for funerals and, instead of depositing the money in appropriate accounts, he allegedly used the money for other purposes.

The criminal complaint indicates the majority of customers lost from more than $2,000 up to $15,500 each.

The charges include 67 counts of third-degree grand larceny, 28 counts of fourth-degree grand larceny, four counts of falsifying business records, 93 counts of failure to deposit, seven counts of petit larceny, and counts of offering a false instrument for filing in the first degree, and scheme to defraud.

He's also accused of improperly handling the remains of a deceased veteran. 

While his criminal case is pending, so his bankruptcy case. He filed for Chapter 11 bankruptcy in February 2020. There was a hearing on the case yesterday, but the results of that hearing are not yet publicly available.

March 16, 2021 - 8:44am
posted by Howard B. Owens in sunrise, batavia, news.

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Frank Capuano shared his photo with us of this morning's sunrise.

March 16, 2021 - 8:40am
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.
  • Problems, questions, concerns about the Deal of the Day? Email Billie Owens:   [email protected]
March 15, 2021 - 7:25pm
posted by Howard B. Owens in news, batavia, accident.

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Press release:

The Batavia Police Department has completed its investigation into the two-vehicle collision on West Main Street, that occurred on March 14th at 9:09 a.m. Constance Lamilia, 81, of Batavia, was operating a 2006 Saturn leaving Tops Market, preparing to turn left onto West Main Street.

Town of Batavia Fire Department Fire Chief, Daniel Coffey, 41, of Batavia, was traveling west on West Main Street, responding to an emergency call with lights and sirens activated, in a 2018 Chevrolet Tahoe owned by the Town of Batavia Fire Department. Lamilia failed to yield the right of way to Coffey while attempting her turn, causing her car to collide with the front right corner of the Chevrolet Tahoe.

Lamilia then continued east until her vehicle jumped the curb, struck a utility pole, and overturned, coming to a rest in the front yard of 389 West Main St. Lamilia was extricated by the City of Batavia Fire Department, and transported to ECMC (in Buffalo) for minor injuries.

Lamilia has since been released from the hospital. Coffey was not injured. No other vehicles were involved in the accident. West Main Street traffic was affected until approximately 7:30 p.m. The Batavia Police Department was assisted by the City of Batavia Fire Department, City of Batavia Public Works, National Grid, and Mercy EMS.

The Batavia Police Department would also like to thank all of the other motorists that assisted with the investigation by remaining in the area and speaking with officers. Constance Lamilia was issued a traffic ticket for failing to yield the right of way to an emergency vehicle. Lamilia is scheduled to appear in Batavia City Court on June 16th at 9 a.m. No further charges are pending.

Previously: Accident involving minivan, fire chief's car and utility pole under investigation

March 15, 2021 - 4:10pm
posted by Howard B. Owens in animals, pets, volunteers for animals, pembroke, notify.

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UPDATE 10:26 a.m. March 31: The defendant's Pembroke Town Court date was later changed to Wednesday, April 14 at 1 p.m.

Olivia looks a lot better than she did on Jan. 22 when she arrived at the Genesee County Animal Shelter.

She was among 13 dogs and two cats Deputy Kevin McCarthy reportedly found in allegedly cruel circumstances. The dogs, according to his report, were covered in feces, urine, and surrounded by garbage. 

A volunteer pointed to one of the dogs at the shelter and noted she had been washed multiple times but still had a yellow urine stain on her coat.

The dogs look healthy now, but that's not the condition they were in when they arrived at the shelter, according to volunteers. They were underweight and filthy. 

The dogs have required significant medical attention, the volunteer said, driving up veterinary bills for Volunteers for Animals.

According to McCarthy, he found the dogs locked in cages at 1071 Akron Road, Pembroke.

He also reported finding 10 deceased rabbits inside the house that as well as a dead dog.

McCarthy arrested Lori Ann Adolf, 47, of Pembroke, and charged her with 26 counts of torturing or injuring animals and failure to provide proper sustenance along with one count of endangering a child.

Adolf was issued an appearance ticket and ordered to be in Town of Pembroke Court at 1 p.m., Wednesday, March 31. The court date was later changed to April 14.

The Sheriff's Office declined our FOIL request for intake photos of the dogs when they arrived at the shelter. Since Adolf was arrested on an appearance ticket, she was not booked into jail and there is no mug shot available.

The volunteer at the shelter thinks the dogs will make good family pets. They are friendly and eager to make friends. However, they can't be adopted until Adolf surrenders custody or by court order. So far, Adolf, the volunteer said, Adolf, has refused to surrender the cats and dogs, so they remain in custody at the animal shelter while her criminal case is pending.

Housing and caring for the felines and canines have been a financial burden for the volunteers and donations are requested. The following items can be donated at the shelter, and monetary donations are also welcome:

Dog food:

  • Purina One chicken and rice 
  • Wet food: chicken-based (due to dietary restrictions for dalmatians) 
  • Chicken-based dog treats

Cat food: 

  • Purina One Indoor Advantage, dry
  • Purina One Healthy Kitten (blue bag)

Donations of gift cards from Genesee Feeds and Petco are also welcome.

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March 15, 2021 - 10:22am
posted by Howard B. Owens in gas prices, news.

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.86, up 9 cents from last week. One year ago, the price was $2.27. The New York State average is $2.90 – up 7 cents from last week. A year ago, the NYS average was $2.50.

AAA Western and Central New York (AAA WCNY) reports the following averages:

  • Batavia -- $2.84 (up 8 cents since last week)
  • Buffalo -- $2.82 (up 5 cents since last week)
  • Ithaca -- $2.87 (up 7 cents since last week)
  • Rochester -- $2.87 (up 6 cents since last week)
  • Rome -- $2.92 (up 6 cents since last week)
  • Syracuse -- $2.85 (up 5 cents since last week)
  • Watertown -- $2.92 (up 6 cents since last week)

Rising crude prices, tightening gas supplies, and increased gas demand continue to drive pump prices to higher ground. According to new data from the Energy Information Administration (EIA), total domestic gas stocks are down while demand is up. Last week’s demand measurement is the highest since the end of November 2020. If these trends continue alongside higher crude prices, drivers can expect pump prices to increase.

From GasBuddy:

"As Americans turn optimistic on COVID-19 pandemic recovery, we've been seeing insatiable demand for gasoline, which continues to recover far faster than oil production," said Patrick De Haan, head of petroleum analysis for GasBuddy. "According to GasBuddy data, last week's gasoline demand was just 1 percent below the pre-pandemic level, an extremely bullish factor likely to continue driving gas and oil prices up in the short term.

"The recovery in the last few weeks has been astounding -- both the speed and overall volume increases we've seen in our data lend credibility to the recovery, and perhaps will lead to continued price increases due to the continued imbalance between supply and demand.

"It's no longer a question of if we'll see gasoline demand return to near normal this year but when, and will oil producers rise to the occasion and be able to quickly ramp up output, or are we going to see the highest summer prices since 2014 until they jump into action? Only time will tell, but it's looking like things are heating up far more than expected since the start of the year."

March 15, 2021 - 10:18am
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.
  • Problems, questions, concerns about the Deal of the Day? Email Billie Owens:   [email protected]
March 14, 2021 - 4:39pm
posted by Howard B. Owens in accident, news, batavia, notify.

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Police investigators have yet to determine what may have caused a driver of a minivan to accelerate -- if she did -- after the vehicle struck a Town of Batavia fire chief's car that was heading to a serious injury accident on Galloway Road.

The minivan appears to have been exiting the Tops Market parking lot shortly after 9 a.m. with the intention of turning left when it struck the emergency vehicle, which was in emergency mode, driven by Fire Chief Dan Coffey. Coffey's vehicle sustained damage on the passenger side front fender.

The older female driver, whose name is not being released at this time, then proceeded eastbound on West Main Street Road. The minivan appears to have accelerated after the initial collision, Sgt. Mitch Cowen confirmed, but what may have caused that apparent acceleration hasn't been determined.

The minivan headed toward the West Main intersection with River Street where both lanes were blocked by cars stopped at the red light. Lynn Mucica was driving one of those vehicles and said she saw a car coming up behind her fast and thought it was going to strike the car next to her and possibly involve her in an accident. The minivan then swerved and struck a utility pole with three transformers on it, snapping the pole off near the base. The minivan continued east and came to rest on its side in the yard of 389 W. Main St.  

City fire responded and extricated the driver from the vehicle.  

The driver is being treated at ECMC for minor injuries and has not yet been interviewed.  

A citation is possible, Cowen said.

Coffey was uninjured in the collision and did eventually make it to the accident scene on Galloway Road.

At this hour, West Main remains partially closed. National Grid crews are repairing the pole. At least one of the transformers leaked its oily liquid onto the roadway and National Grid has also dispatched an environmental cleanup team to deal with the spill. The work is expected to be completed shortly.

(Initial Report)

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March 14, 2021 - 3:02pm
posted by Howard B. Owens in accident, news, batavia, notify.

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A driver told an investigator he fell asleep prior to a head-on collision on Galloway Road at 9 a.m. that sent both that driver and another driver to ECMC.

Rylend L. Callicutt, 18, of Batavia, was driving a white 2011 GMC SUV eastbound when it crossed the center line. The vehicle struck a 2011 Hyundai sedan driven by Danielle C. Neuhaus, 31, of Batavia.

Neuhaus was trapped in the vehicle and sustained serious injuries. She was transported by Mercy Flight to ECMC, where she is currently in the trauma ICU.

Callicutt was transported by Mercy EMS.

He was issued a citation for failure to remain in the right-hand lane.

The accident report was prepared by Deputy Travis Demuth. The Crash Management Team also responded to the scene.

(Initial Report)

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March 14, 2021 - 2:42pm
posted by Howard B. Owens in sports, wrestling, Le Roy.

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Two Le Roy wrestlers came away from the Section V tournament on Saturday with championship titles.

Brock Flint won at 160 pounds and Joey Brennan won at 162 pounds.

Coming in second at 138 pounds, Cole Rauscher, and at 152 pounds, Nate Andrews.

Photos by Tim McArdle.

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Brock Flint

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Joey Brennan

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March 14, 2021 - 2:28pm
posted by Howard B. Owens in sports, basketball, oakfield-alabama.

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Number 3 seed, at 10-2, Oakfield-Alabama knocked off #1 seed Cal-Mum, at 13-0, by a score of 55-50 to win Saturday's Class C2 Section V trophy at Cal-Mum.

Travis Wiedrich scored 20 points and Kaden Cusmano sunk a trio of three-pointers on his way to a 19-point game.

Photos by Kristin Smith. For more, click here, here, and here.

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March 14, 2021 - 2:09pm
posted by Howard B. Owens in Batavia PD, batavia.

Press release:

The City of Batavia Police Department announces the launch of CRIMEWATCH, a new website that gives people who use social networks and mobile devices an easier, more effective way to help fight crime and stay informed.

The new Batavia Police Department website was developed in partnership with CRIMEWATCH Technologies and is part of the CRIMEWATCH Network (crimewatch.net). The website is an online tool that gives the public direct access to crime and public safety-related information happening in their community. 

“This new website is the perfect entry point for establishing better police and public relationships. CRIMEWATCH gives us the opportunity to communicate with the public and gives residents the anonymity to report neighborhood issues. Several police departments throughout the Northeast region are having great success using this technology”, said Chief Heubusch, City of Batavia Police chief.  

The City of Batavia Police Department is the first New York-based police department to go live on the CRIMEWATCH Network; a communications platform developed specifically for law enforcement agencies that allow for geographically targeted information sharing and intelligence gathering.

This resource allows residents to do the following:

  • Sign up for a free account to receive e-mail alerts;, 
  • Submit a tip to the Batavia Police Department; 
  • View recent arrests and “most wanted” lists;
  • Get info on local sex offenders; 
  • Share information with others through social media; and 
  • Get connected with resources and services.
March 14, 2021 - 2:00pm
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.
  • Problems, questions, concerns about the Deal of the Day? Email Billie Owens:   [email protected]
March 14, 2021 - 9:13am
posted by Howard B. Owens in accident, news, batavia.

A motor-vehicle accident with entrapment is reported at River Street and West Main Street, Batavia.

City fire and Mercy EMS responding.

UPDATE 9:14 a.m.: Possible transformer on fire in the area.

UPDATE(S) (By Billie) (9:34 a.m.): A vehicle is on its side in front of 389 W. Main St. A utility pole is sheared off that has three transformers on it. The city's second and fourth platoons are called to stand by in quarters. A woman named Lynn Mucica says she was in her vehicle eastbound on West Main Street at the stop light at River Street and there was another car next to her's, when a car approached at a high rate of speed. She feared it would hit the vehicle next to hers. But it swerved instead and struck the pole, then came to rest on its side.

UPDATE 9:44 a.m.: There is a lot of debris in the roadway on West Main Street and some spilled fluids; it appears the accident at West Main and River may have started at the light in front of Top's Market as the car now on its side turned left from the parking lot onto West Main Street.

UPDATE 9:54 a.m.: City command calls for clean up of the spilled fluids, some of which is said to be oil from a transformer.

UPDATE 10:16 a.m.: A rep from National Grid is on scene and awaiting a bucket truck. Command requests that Five Star Bank personnel be contacted and informed that power is partially out to the bank building.

UPDATE 12:21 p.m. The following closures and detours remain in effect, per City Fire.

CLOSED: River Street between West Main Street and South Main Street
CLOSED: Five Star Bank - No power, No ATM
NO LEFT TURN: From Redfield Parkway to West Main Street
NO LEFT TURN: From West Main Street to Redfield Parkway
OPEN: West Main Street 1 lane both east and west bound.
OPEN: Dunkin’ Donuts!
EXPECT RESTRICTIONS & POWER OUTAGES FOR APPROXIMATELY THE NEXT 8 HOURS

March 14, 2021 - 9:05am
posted by Howard B. Owens in accident, news, batavia.

A motor-vehicle accident with people trapped in a vehicle reported in the area of 2905 Galloway Road, Batavia.

Town of Batavia fire and Mercy EMS dispatched.

Mercy Flight being placed on ground standyby.

UPDATE 9:11 a.m.: One person trapped, a lengthy extrication expected, Mercy Flight requested to the scene.

UPDATE(S) (By Billie) 9:30 a.m.: Galloway Road is being shut down at Downey Road. Mercy Flight is en route and will land in a church parking lot.

UPDATE 9:37 a.m.: The entrapped person has been extricated.

UPDATE 9:52 a.m.: Mercy Flight is airborne with one patient, en route to ECMC.

UPDATE 10:11 a.m.: The accident involved a white GMC SUV and a black sedan. The white GMC crossed the center line and struck the sedan head on. A second patient was also taken to ECMC, via ground ambulance.

UPDATE 10:15 a.m.: The Town of Batavia fire assignment is back in service.

UPDATE 10:21 a.m.: A press release will be issued later and photos from the scene will be posted at that time.

March 13, 2021 - 11:26pm
posted by Howard B. Owens in Notre Dame, sports, basketball.

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Notre Dame traveled to South Seneca today as the #2 seed in the Class D1 tournament, with two losses on its record, and proceeded to upset the unbeaten #1 seed 55-48 to win a Section V title.

The Lady Irish were once again lead by sophomore Amelia McCulley who scored 30 points.  Lindsey Weidman scored 14 points. Emma Sisson had 12 rebounds, Maylee Green, 11, Weidman, nine, and McCulley, eight.

Submitted photo.

March 13, 2021 - 11:14pm
posted by Howard B. Owens in elba, sports, basketball.
Video Sponsor

Five straight section titles are nice, Elba's players will tell you, but they also know there is a "what could have been" question that will forever remain unanswered.

If not for a coronavirus pandemic that wiped out the 2020 postseason and shortened 2021, ending the title push with a sectional championship, could the Lady Lancers have won one, maybe two state titles?

We will never know. But we do know Elba knocked off the #2 seed, Prattsburgh/Avoca,  in a pretty convincing fashion -- a team that regularly won by scoring 60 points or more per game while going 9-1 on the season. The game was never really close. The Lancers won 66-27.

It's the fifth straight Section title for Elba under Head Coach Tom Redband. 

On Saturday, Byrnn Walczak scored 22 points, Taylor Augello, 13, Maddie Muehlig, 12, and Leah Bezon, 9. Muehlig also had eight assists. Dakota Brinkman, who scored five points, had nine rebounds, Walczak, eight, and Augello, seven.

Walczak, Muehlig and Bezon have been part of all five title teams and Augello has been there for the last four. All four graduate this year.

Notre Dame won its Class D1 championship game, so with Elba winning class D2, in any other year, the two archrivals would faceoff in a division consolidation game to determine which team would represent Section V in a Far West Regional championship game. Not this year.

Photos by Debra Reilly.

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March 13, 2021 - 11:21am
posted by Howard B. Owens in Pavilion, sports, girls basketball.
Video Sponsor

Pavilion's undefeated season came to a disappointing end Friday night in the Class C2 Section V championship game as York took home the trophy with a 57-49 win.

The game was a battle with Pavilion taking an early lead, falling behind, and regaining the lead before the end of the second half. But the Lady Gophers lost that lead early in the second half and never regained it.

Karlee Zinkievich scored 17 points and Lauren Kingsley scored 16. Emily Kingsley scored six and Shea Amberger scored six.

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