The sentencing of former funeral home director Michael Tomaszewski on fraud charges has been delayed again because he's tested positive for COVID-19.

District Attorney Lawrence Friedman said Tomaszewski's attorney produced a document showing his client had tested positive.

County Court Judge Charles Zambito ordered Tomaszewski to the Genesee County Jail where he was tested again.  That test, according to Friedman, was also positive.

Tomaszewski's court appearance has been delayed until an as yet undetermined date.

The former funeral director entered a guilty plea in April to counts of grand larceny, scheme to defraud, offering a false instrument for filing, and untimely burial.

Jail Superintendent William Zipfel said he can't discuss the health status of an inmate at the jail but said since the start of the pandemic, per the protocol of the state's Commission of Corrections, all new inmates are quarantined for their first 14 days in jail.

His sentencing on the conviction has been delayed multiple times for various reasons.

Story updated at 4:11 p.m.

Press release:

Following his continued advocacy to make Upstate NY a global semiconductor manufacturing hub, U.S. Senate Majority Leader Charles E. Schumer personally called Tower Semiconductor CEO, Russell Ellwanger, about the company’s interest in expanding their operations. Schumer urged the CEO to locate their next semiconductor fabrication (“fab”) plant in Upstate NY. Tower Semiconductor is currently considering New York, along with several other locations, for a new $5 billion semiconductor fab plant that would create up to a thousand jobs.

Schumer said New York boasts several sites across Upstate that are ready to be home to Tower’s next chip fab, from the STAMP campus in Western New York and the White Pine Commerce Park in Central New York, to Marcy Nanocenter in the Mohawk Valley and Luther Forest in the Capital Region.  Schumer added that Upstate New York boasts a thriving semiconductor ecosystem, top-notch universities, a world-class workforce, and a diversity of companies across the supply chain. 

“Tower Semiconductor’s interest in expanding its manufacturing operations in the U.S., and potentially in Upstate NY, is exciting news for the entire state and a potential game-changer for the region. I made it clear to Tower that I strongly support locating their new semiconductor chip fab in New York. I know firsthand Upstate NY has all of the ingredients to be a global epicenter for semiconductor manufacturing and that is why any of our multiple shovel-ready sites from STAMP in WNY, White Pines in CNY, Luther Forest in the Capital Region, and Marcy Nanocenter in the Mohawk Valley is the perfect location for Tower Semiconductor’s new chip fab,” said Senator Schumer. “Our world-class New York workforce and distinguished research institutions, coupled with New York’s considerable experience in semiconductor manufacturing and R&D mean Upstate NY is tailor-made to be the home for Tower’s new fab. I stand ready to help Tower in any way for investment in New York, including securing the federal semiconductor manufacturing and R&D incentives, and further cement New York as a global hub for chip manufacturing.”

Schumer has long emphasized the importance of active federal support for the semiconductor industry including his push to include provisions in the FY2021 NDAA to create new federal semiconductor manufacturing, R&D, and training programs, noting that even though the U.S. revolutionized the semiconductor and broad microelectronics industries and invented nearly all of the key technology used to this day, by 2030, non-U.S. competitors are projected to control 83% of the global semiconductor manufacturing supply while domestic production could be less than 10%, which would be a threat to national security and economic competitiveness.

In June, Schumer successfully passed through the Senate the U.S. Innovation and Competition Act (USICA), legislation he introduced that combined his Endless Frontier Act to make a significant investment in research, development, and innovation, other bipartisan competitiveness bills, and $52 billion in emergency supplemental appropriations to implement the semiconductor-related manufacturing and R&D programs the senator authorized in last year’s National Defense Authorization Act. USICA also created a program to support legacy chip production that is essential to the auto industry, the military, and other critical industries. Schumer is now working with the House to pass USICA, including the historic federal semiconductor incentives, into law as well as supporting the passage as part of the Build Back Better reconciliation bill of a new 25% tax credit for investments in domestic semiconductor facilities and equipment, modeled after the FABS Act. 

Tower Semiconductor is an Israel-based leading foundry of high-value analog semiconductor solutions and provides technology and manufacturing platforms for integrated circuits in growing markets such as consumer, industrial, automotive, mobile, infrastructure, medical and aerospace, and defense.

Emory Upton's Colt Single Action Army Revolver recently sold at auction for $345,000.

Don Burkel said the results of the auction show that the Batavia-native is an important historical figure.

"He really was a very important person in American military history and apparently is still highly regarded," Burkel said.

Of course, the Holland Land Office Museum would have loved to have acquired Upton's revolver but the price was out of the museum's range, Burkel said.

The video above indicates the revolver is the same one Upton used to take his own life on March 14, 1881, at the Presidio in San Francisco after suffering for months with debilitating headaches.

Previously:

Press release:

Leaf collection has ended for the year.   Any resident that has leaves or other yard waste may utilize the Yard Waste Station (M-Sat 11 AM – 5 PM) through this week.   The Yard Waste Station will CLOSE for the season on Saturday, December 11, 2021.

The following items cannot be accepted at the station:

• Tree stumps, building materials, rock, fill (soil and stone) other debris.  Yard waste shall be free of trash (paper, plastic, bottles, cans…etc.), as this material cannot be processed.

Use Law Street entrance to enter and exit the City Yard Waste Station only.

The Village of Le Roy Board of Trustees meeting scheduled for 7 p.m. tonight has been rescheduled for 7 p.m., Wednesday, Dec. 15, at the Village Hall.

A power outage affecting more than 2,100 National Grid customers is reported on the east side of Batavia.

The outage includes all of Stafford, parts of East Bethany, Byron, and Batavia, including, it appears, Genesee Community College.

Town of Batavia Fire received a report of a wire down in the area of 5167 Sunset Terrace.

A smaller power outage is reported along Road Road, Town of Batavia, affecting 54 customers.  The ETA for power restoration is 5:45 p.m.

On the larger outage, crews expect to restore power by 6:15 p.m.

There is also a tree down blocking State Street Road near the Thruway.

Kimberly Blue, 33, of Batavia, is charged with endangering the welfare of a child and criminal contempt 2nd. Blue allegedly left several children under age 10 unsupervised for several hours on Nov. 20.  None of the children were harmed and they were turned over to relatives. The investigation is ongoing and Child Protective Services has been contacted. Blue was issued an appearance ticket.

Dean C. Siminski, 32, of Batavia, is charged with criminal obstruction of breathing, endangering the welfare of a child, and harassment 2nd.  Siminski is accused of engaging in a physical altercation with a child on Nov. 29 at 6:45 a.m.  He was arraigned in City Court and ordered held on $2,500 bail, $5,00 bond, or $15,000 partially secured bond.

Crystal A. Mounts, 44, of Batavia, is charged with two counts of petit larceny. Mounts is accused of stealing a package from a porch on North Street, Batavia, at 7:30 a.m., Nov. 23.  She is also accused of stealing a package from a residence on Summit Street. Mounts was issued an appearance ticket.

Christopher C. Taylor, 21, of Conesus, is charged with burglary 2nd and criminal contempt 2nd. Batavia police officers allegedly observed Taylor inside a specific residence in Batavia in violation of an order of protection. He was arraigned in City Court and ordered held on $5,000 bail, $10,000 bond, or $20,000 partially secured bond.

John Hobbs, 34, of Batavia, is charged with theft of services and criminal contempt 2nd. Hobbs is accused of leaving a local restaurant on Nov. 4 without paying for his meal. He was allegedly at the restaurant in the company of a person he is not allowed to contact by court order. He was arrested at the Genesee County Jail on Nov. 24 and issued an appearance ticket.

Jessica Holtz, 38, is charged with petit larceny. Holtz is accused of shoplifting from a location on Jackson Street, Batavia. She was issued an appearance ticket.

Miya R. Houseman, 21, of Medina, is charged with DWI and driving with a BAC of .08 or greater. Houseman was stopped at 2:13 a.m., Nov. 27, on Oak Street, by a Batavia PD patrol. Houseman was issued an appearance ticket.

Kara Brooke Sass, 27, of West Main Street, Batavia, is charged with criminal possession of a controlled substance 3rd (intent to sell), criminal possession of a controlled substance 4th, and criminally using drug paraphernalia. Sass was allegedly found in possession of cocaine and narcotics paraphernalia during a probation check of her residence at a mobile home park at 7:39 p.m., Dec. 3. Sheriff's deputies assisted probation officers at the scene. Sass was arraigned in Batavia Town Court and released under supervision of Genesee Justice.

Justin T. Calmes, 43, of Watson Street, Batavia, is charged with criminal contempt 2nd.  Calmes is accused of violating an order of protection by following, approaching, and interacting with a person who is the subject of the court order at 2 p.m., Nov. 27, at a location on Pratt Road, Batavia. Calmes was arraigned and released.

Press release from AAA: 

Today’s national average price for a gallon of gasoline is $3.36, down three cents from last week. One year ago, the price was $2.16. The New York State average is $3.54 – down two cents from last week. A year ago, the NYS average was $2.25. AAA Western and Central New York (AAA WCNY) reports the following averages:

• Batavia - $3.46 (up one cent from last week)
• Buffalo - $3.46 (down one cent from last week)
• Ithaca - $3.51 (down one cent from last week)
• Rochester - $3.52 (down one cent from last week)
• Rome - $3.56 (down two cents from last week)
• Syracuse - $3.49 (down one cent from last week)
• Watertown - $3.58 (down two cents from last week)

Crude oil prices tumbled amid news of the Omicron COVID-19 variant, and national pump prices quickly followed dropping three cents over the past week. It’s too soon to tell if fears of a global economic slowdown caused by the Omicron variant will push oil prices lower for the long term. But for now, the upward pricing pressure due to tightened supply and high demand seems to have abated as pump prices appear to be stabilizing. If oil prices remain lowered, local pump prices should follow.

From Gas Buddy:

"The downturn in average gas prices continued to gain momentum last week as oil prices remained at a hefty discount. This is largely due to continued anxiety over the omicron variant and because some countries have begun issuing lockdowns, keeping motorists in some countries from consuming as much fuel," said Patrick De Haan, head of petroleum analysis for GasBuddy. "While the Great Lakes region, the fastest to see prices respond to market fluctuations, is seeing hefty monthly declines approaching 30 cents per gallon, much of the rest of the country is lagging behind. But, we will see precipitous declines in the next week or two as stations continue to sell through higher priced inventory before slowly lowering their prices. It's not impossible given the conditions that price wars, where stations lower their price significantly, could emerge as stations now have considerable room to lower prices."

The BBA South rallied in the final event – four-man Baker-style Team – to upset host BBA North, 64-59, in the 27^th annual Karl Marth Cup bowling competition Saturday at Medina Lanes.

The win is the second straight for the South squad, which is comprised mostly of bowlers from the southern portion of the former Batavia Bowling Association. The match did not take place last year due to COVID-19.

Still, the BBA North, consisting of bowlers from the northern part of the former BBA, has the upper hand in the series, 15-12.

The Baker teams of Mike Johnson, Paul Spiotta, Geoff Harloff and Jason Quilliam, and Jim Pursel, Scott Culp, Fred Gravanda and Matt Balduf swept their matches to earn 18 points, while the other Baker team of Ed Doody, Steve O’Dell, Josh Elliott and Rick Underhill managed to take two of seven points as the South came back from a 52-44 deficit.

The South opened with an 13-11 advantage in Doubles, before the North took the Baker Doubles competition, 15-9, and the Singles events, 26-22.

Individually, Jake Rosenbeck of Medina earned the Scott Wright Memorial Award by averaging 259 – including a 299 game – while winning three of his four matches. Teammate Brian Cline averaged a whopping 265 for his matches, but only compiled a 2-2 records as he went against the South’s Scott Culp (238 average) each time.

The South’s Jason Quilliam, making his Marth Cup debut, received the Joe Trigilio Memorial Award by averaging 221 en route to winning three of his four matches.

Submitted photo: Members of the BBA South team are, front from left, Geoff Harloff, Jason Quilliam, Matt Balduf, Steve O'Dell; back, Josh Elliott, Jim Pursel, Mike Johnson, Scott Culp, Ed Doody (captain), Paul Spiotta, Rick Underhill and Fred Gravanda, posing together after win.

Three bowlers cracked the 800 mark -- with two of them recording perfect games as well -- in Genesee Region USBC league bowling action this past week.

On Wednesday, Ray Neuman rolled 300--823 in the Wednesday Community League at Medina Lanes, and Tim Fonte had a pair of 279 games en route to an 806 series in the Wednesday Classic League at Mount Morris Lanes.

On Friday, Tom Baker started with 279 and 300 in an 804 series in the County Line Stone Friday Trios League at Mancuso Bowling Center in Batavia.

And this morning, Michael Schepis posted a 300 game in the Sunday Rolloffs League at Medina Lanes. He fell just short of 800 with 797.

For a list of high scores, click on the Pin Points tab at the top of the home page.

Statement from National Grid:

National Grid is increasing staffing, extending evening and overnight work shifts and closely monitoring an upstate New York weather forecast that calls for high winds, with gusts up to 60 mph, and a wintry mix of precipitation across portions of the region tonight through Monday evening.

Press release:

With COVID’s Omicron variant spreading, U.S. Senator Charles Schumer said the key to controlling it centers around the at-home tests now for sale across the country. Schumer praised President Biden for prepping a plan to be released on January 15th that will have insurance companies reimburse for the cost of an at-home test—but, he said, while we wait, he wants a surge of rapid at-home tests sent to New York community health centers and their mobile sites, across the state.  

“While many portions of the country are waiting for the omicron variant to arrive, New York already has cases—but this doesn’t mean we should panic. It means we should be planning,” said U.S. Senator Charles Schumer. 

“You see, a key to controlling Omicron is the at-home test, where you can swab your own nose, follow simple steps, determine if you have COVID, and take the right steps thereafter. Right now, these at-home tests are pretty affordable across the country, but they’re not free, but they should be. So, I am asking for the feds to send a surge of these to New York CHCs and their mobile sites where they should come at no cost. We should be arming the public with at-home tests to stay ahead of this variant into the winter,” Schumer added.   

Schumer urged for these at-home tests to be totally free, as in no fine print. He said people should be able to walk into a CHC or visit one of their mobile sites and pick up an at-home test free of charge. Schumer urged a surge of the at-home tests to New York, especially, saying that omicron is already here and that we must work now to contain its spread. Schumer said the funds to pay for these free tests have already been appropriated to HHS via the American Rescue Plan (ARP) he helped pass through Congress and the president signed into law.

Last week, the Biden administration announced its winter plan to beat back COVID. The administration will soon mandate insurers reimburse Americans for purchasing at-home tests. Three federal departments will issue the guidance for this action on Jan. 15. The guidance will stipulate that people who buy the tests will be able to seek reimbursement from their group health plan or health insurer and have it covered during the public-health emergency, according to the Wall Street Journal. The administration has authority to do this under legislation that Congress passed in March that required group health plans and issuers to cover diagnostic Covid-19 testing, the Journal reported. 

In the meantime, Schumer, today, is saying that sending a surge of these at-home tests to New York can once again utilize the CHC infrastructure that made getting shots in arms successful during the earliest days of vaccine availability. 

The Omicron variant has been detected in 11 states so far, and about 40 countries. Scientists are also still investigating the impact of the Omicron variant, how contagious it is, how easily it might spread, and more. Schumer, today, said this is exactly why a surge of at-home tests and a campaign to have people use them could make all the difference.

“We have this tool we didn’t have early on—an at-home test,” said Schumer. “It’s one of the keys to keeping this recovery going, and we ought to use them.”

According to the WHO, the most effective steps individuals can take to reduce the spread of the COVID-19 virus is to keep a physical distance of at least 6-feet; wear a well-fitting mask; open windows to improve ventilation; avoid poorly ventilated or crowded spaces; keep hands clean; cough or sneeze into a bent elbow or tissue, and get vaccinated. 

There are more than 70 federal community health centers (CHC) with 800 sites throughout New York, according to the Community Health Care Association of NY.

Senior winger Gavin Schrader scored four times in an eight-goal third period Saturday afternoon to lead Batavia Notre Dame to a wild 13-8 victory over Potsdam in the finale of the Potsdam ice hockey tournament.

BND United, which split its two games in the tournament, trailed 5-3 late in the second period before Schrader (assisted by Ronin Hofmaster) and winger Vin DiRisio (assisted by Andrew Kasmarek and Schrader) knotted things up entering the final period.

From there, Schrader took over -- scoring to put United up 6-5 just 18 seconds into the third period (assisted by DiRisio and Noah Hudson) and following that up with three more goals as the visitors won going away.

All told, Schrader had five goals and three assists, raising his team-leading totals to seven goals and eight assists after three games.

Freshman Jameson Motyka tallied three goals and two assists, DiRisio had a pair of goals and four assists (to up his season totals to five each) and Hofmaster recorded two goals and three assists. Freshman Brady Johnson chipped in with a goal and an assist, and Gino Falleti registered three assists.

Batavia outshot Potsdam, 48-29, and with three power play goals in six chances.

Goaltender Courtney Schum, playing in place of injured staqrted Frank Falleti Jr., was 21-for-29 in the save department.

Sophomore John Duffy scored four goals and sophomore Tyler Berkman had two goals for Potsdam.

BND, 2-1 overall, resumes Section V competition at 7 p.m. Tuesday against Irondequoit at Lakeshore East rink and hosts Portside Royals at 6 p.m. Thursday at the Batavia Ice Arena.

Press release:

This year we will be splitting funds raised between Make-A-Wish of WNY and Meals on Wheels through the Genesee County Office for the Aging. Every dollar you spend on a gift certificate between now and Dec 23rd will be donated in its entirety.

• Spend $20, get a $25 gift certificate
• Spend $50, get a $60 gift certificate
• Spend $100, get a $125 gift cert.
• Spend $200, get a $260 gift cert.
• Spend $300, get a $380 gift cert.

It’s a win-win. Get more for your money and help those who really need your help.

https://wish.org/mission

https://www.co.genesee.ny.us/departments/office_for_the_aging/in_home_services.php

Photo by Howard Owens: Front left, Carter Spencer, Brand Vogt. Back left, Mark Fanara, Kate Piasecki

Batavia Notre Dame United lost, 3-2, in overtime to Canton on Friday night in the first round of the Potsdam boys ice hockey tournament.

Jacob Rosales scored the game winner two minutes and 22 seconds into the extra period for the Golden Bears in their season opener.

BND, 1-1, outshot Canton by a 43-19 margin, but went 0-for-9 on the power play as Canton’s standout senior goaltender Hayden Todd stood tall.

"Their goalie played great," BND Coach Marc Staley said. "These (type of) games, although frustrating, are good for us. There's no losing; only learning."

United opened the scoring at 11:36 of the first period on a goal by senior Vin DiRisio, assisted by senior Gavin Schrader and junior Gino Falleti.

Canton tied it 17 seconds later when Kaden Baxter beat United goalie Courtney Schum, who stopped 16 of 19 shots.

After a scoreless second period, Josh Aldous put Canton on top, 2-1, at 6:22 of the third period, before United responded three seconds later on a goal by Schrader, with an assist from junior Noah Hudson.

The Golden Bears racked up 33 penalty minutes while United was flagged for just 10 penalty minutes.

BND played without its top two centermen (Zack Eschberger, quarantine, and Cooper Hamilton, broken collarbone).

United takes on host Potsdam at 1 this afternoon to conclude its trip to the North Country. Potsdam lost, 10-1, to Saranac last night.

The 36th Health and Humanitarian Award of Genesee County was presented today to Bill Hayes, owner of Turnbull Heating & Air Conditioning in Batavia. 

The award presented by The Jerome Foundation recognizes volunteer men and women of Genesee County who have helped promote the emotional, physical and spiritual well-being of the area’s residents.  

In naming Bill Hayes for this year’s award, The Jerome Foundation recognized more than 30 years of volunteer service and community involvement by Hayes. He has been a supporter of multiple charitable causes in our community including Habitat for Humanity, BEA, Cornell Cooperative Extension, Notre Dame High School, St. Joseph School, YMCA, YWCA, All Babies Cherished, Batavia Lions Club, Northgate Free Methodist Church, among others.