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Batavia City Court

December 9, 2019 - 10:40pm
posted by Mike Pettinella in news, Batavia City Council, Batavia City Court.

david_saleh.jpgLongtime attorney David Saleh was appointed as part-time City of Batavia Court judge tonight, filling the vacancy created by former part-time justice Durin Rogers’ election to the full-time post in November.

City Council members, at the close of their Business Meeting at City Hall Council Chambers, unanimously voted in favor of Saleh’s hiring, which takes effect on Jan. 1, for a six-year term.

“First of all, I’m honored and very grateful to the City Council for having selected me to this position,” said Saleh, who noted that he will preside over the court primarily on Wednesdays and Fridays. “I am very excited to work with Judge (Durin) Rogers and to follow the direction this court has been going for many years under Judge (Robert) Balbick and Judge Rogers.”

Saleh, 66, has been a lawyer for more than 40 years and has experience in various disciplines, including being both a defense attorney and prosecutor as well as practicing corporate and municipal law.

He lived in Corfu for many years before relocating to the City in 2013.

Saleh, vice president/general counsel for Inlighten Inc., of Clarence, also has been involved in community and civic organizations, most notably as president of the Batavia Lions Club.

He has served as the City Republican Committee chairperson in recent years, a position that he will have to relinquish to avoid any conflict-of-interest issues. It is believed that Richard Richmond will assume the committee chair post.

Saleh said fairness and professionalism are the cornerstones of a successful judge.

“I think the main thing that has always been my focus -- and I’ve had a lot of experience in the courts – is to be very fair and professional with the people that come in front of me,” he said.

“I have a lot of experience and I hope to impart some of that to the attorneys who come to court with their clients to seek justice and deal with various problems that come up to people who are using the system.”

In other action, Council unanimously approved resolutions:

-- Authorizing an additional police officer position that will allow for the new hire to be trained in light of the January 2020 retirements of Assistant Chief Todd Crossett and Det. Sgt. Kevin Czora, and the City’s agreement with the Batavia City School District to provide a School Resource Officer beginning with the 2020-21 school year.

-- Appropriating $50,000 from the Facilities Reserve Fund to conduct a feasibility study – including predesign work – for a new police station at the northwest corner of Bank Street and Alva Place. Currently, the reserve fund has a balance of $298,000.

-- Acceptance of a $1 million Empire State Development Corporation Downtown Revitalization Initiative reimbursement grant to renovate the City Centre concourse, with improvements to be made to the roof, floor tiles and entrances.

City Manager Martin Moore said the state will reimburse the City at the end of the project, which means that short-term bonds may be needed to cover the ongoing costs.

“This is a major piece of the City’s efforts to upgrade the concourse and create positive economic opportunities for micro-business enterprises,” Moore wrote in a memo to City Council.

-- Ratifying the new 40-year sales tax allocation agreement with Genesee County, per requirements set by the state Comptroller’s office. The amended contract begins on Jan. 1.

-- Appointing citizens to the Youth Board (David Twichell, Paula Fischer and Kathryn Fitzpatrick) and Deer Management Committee (Russell Nephew Jr., Kent Klotzbach, Frederick Gundell, Samuel DiSalvo and Gus Galliford).

-- Contracting with Genesee County for prosecutorial services with the City paying $73,719 for 2020 and $76,219 for 2021.

Additionally, Public Works Director Matt Worth reported that crews are targeting this Thursday and Friday, depending upon the weather, to continue residential leaf pickup. Worth also said that the City yard waste station will remain open through Dec. 16.


City Council President Eugene Jankowski, right, reads a proclamation commending local and regional law enforcement personnel for their cooperative efforts during a 20-hour standoff on Nov. 18-19 on Liberty Street in the City.

The proclamation thanked all agencies that assisted City Police and for resolving the situation in a safe manner.

From left are City Fire Chief Stefano Napolitano, Monroe County Sheriff's Capt. Jeff Wagner, NYS DEC Officer Fay Fuerch, DPW Director Matt Worth, Genesee County Dispatch Deputy Director Frank Riccobono, State Police Capt. David Forsythe, State Police Sgt. Ben Fasano, City Police Sgt. Chris Camp, City Police Chief Shawn Heubusch and Jankowski.

Photo by Mike Pettinella.

October 19, 2019 - 1:18pm

Submitted photo and press release:

Retired Batavia City Court Judge Michael DelPlato has endorsed Ben Bonarigo for the City of Batavia judgeship.

“I ask that you support and vote for Ben Bonarigo,” DelPlato said. “I have been blessed to practice law here in Batavia for 47 years and privileged to serve as Batavia City Judge for 12 years.

"I have known Ben since he was a student at the Batavia Middle School. Ben is the most experienced trial attorney in this area and is offering those skills to the citizens of Batavia.”

DelPlato also mentions that Bonarigo “...has served as City attorney, has trial experience in civil, criminal, family and municipal law, which includes extensive experience in jury trials. What a rare and unique opportunity for our voters to elect such an outstanding candidate.”

Bonarigo responded: “This endorsement, coming from a former Judge who spent 12 years in the position I am seeking, who knows what the qualifications and background requirements are for the position is truly humbling.

Added Bonarigo, “coming from such a highly regarded judge, attorney and gentleman as Mike DelPlato makes this endorsement that much more gratifying to me.”

(Photo: Retired Batavia City Court Judge Michael DelPlato, left, and city judgeship candidate Ben Bonarigo.)

October 15, 2019 - 10:36am

Above, part-time Batavia City Court Judge Durin Rogers, left, and Sen. Michael Ranzenhofer.

Submitted photo and press release:

New York State Senator Michael Ranzenhofer has given an enthusiastic boost to Judge Durin Rogers in his effort to succeed retiring Judge Robert Balbick as Batavia’s next full-time City Court Judge.

Senator Ranzenhofer has represented Batavia and Genesee County since 2008 and has been a practicing lawyer for more than 35 years.

“This coming November 5th you have an opportunity to elect a Batavia City Court Judge with proven judicial experience, integrity, judicial temperament and commitment to the community," Ranzenhofer said. "It is for these reasons that I proudly support Hon. Durin B. Rogers in his effort to become your next full-time Batavia City Court Judge.

"I have known Judge Rogers for many years now as an attorney and colleague practicing law throughout the GLOW region and most recently as (part-time) judge of the Batavia City Court…He is well respected on and off the bench and I have had the opportunity to appear in front of Judge Rogers on the bench and opposite him as deputy county attorney for Genesee County. I found Judge Rogers’ approach in both capacities to be professional, knowledgeable, reasonable and fair.”

Senator Ranzenhofer also stressed Rogers’ community service, saying: “In addition to his service as a public attorney, he has served the legal community and its members as a past president of the Genesee County Bar Association bringing the 'People’s Law Series,'…to provide low cost legal education and seminars to the residents of Genesee County.

"...Judge Rogers has and will continue to be a fair judge and listen to all sides before making well-reasoned decisions…Please join me in supporting Judge Durin B. Rogers as your next full-time Batavia City Court judge."

Responding to the Ranzenhofer endorsement, Rogers said: “I truly appreciate Senator Ranzenhofer’s comments and his support. Over the past many years, the Batavia City Court has become a well-respected part of our system of justice.

"I have worked with Judge Balbick over the past four years and we are always considering ways to improve the court’s ability to meet Batavia’s evolving needs. I am committed to carrying on those efforts in the years to come if elected as Batavia’s next full-time judge.”

October 8, 2019 - 11:00am

Submitted photo and press release:

William R. Joyce, (above left) director of Genesee County’s Veterans Service Agency and a prominent advocate for veterans throughout the GLOW Region, has endorsed current part-time Judge Durin Rogers in his quest to become Batavia’s next full-time City Court Judge.

“As the director of the Genesee County Veterans Service Agency, I participate in the Veterans Treatment Court and I have seen Judge Rogers approach on the bench," Joce said. "Judge Rogers always appears to be just, fair and balanced, unbiased and impartial. His demeanor is perfect for the position.

"Judge Rogers always thanks every veteran for their service…is always on time and this is extremely important to those appearing before the bench…I have experienced Judge Rogers' handling cases in Veterans Court with knowledge, fairness, compassion and an open mind. Judge Rogers does not rush to judgement but instead listens to all sides before rendering a decision.

"...The Veterans appear to respond to Judge Rogers’ approach and they walk out of the courtroom with a full understanding of their responsibilities going forward.”

Joyce also praised Rogers’ dedication and commitment to his family and community in making his endorsement.

“I know Judge Rogers’ wife [local attorney Paula Campbell] as well," Joyce said. "They are great family people who are well known in the community.  Judge Rogers is a family man, dedicated and devoted to his family as well as to community involvement.

"Judge Rogers has volunteered for many civic boards and has helped so many people in his community…I fully support, highly recommend and endorse Judge Rogers as the next full time Batavia City Court Judge as the most qualified candidate.” 

Following the endorsement, Judge Rogers said, “I am extremely honored to have the support and endorsement of this amazing man who not only fought for our country, but today fights for the rights of those who have and continue to serve our nation. I look forward to continue to work with Bill and the Veterans Treatment Court…”

Rogers has been serving as the part-time City Court Judge for more than four years, following his unanimous appointment by Batavia City Council. He is seeking election to the full-time City Court position to succeed the retiring Judge, Robert Balbick.

Election Day is Tuesday, Nov. 5th. For further information, please contact the Committee to Elect Judge Rogers by visiting its Facebook page at @electjudgerogers (www.Facebook.com/electjudgerogers); by visiting www.electjudgerogers.com;  or by email at [email protected]

September 23, 2019 - 10:25am

Submitted photo and information:

Part-time Batavia City Court Judge Durin Rogers has received the endorsement of the New York Police Investigators Association supporting his effort to become Batavia’s next full-time city court judge, citing his experience and years of public service.

NYSPIA represents more than 2,000 active and retired State Police Bureau of Criminal Investigation officers.

Association President Christopher Quick and Troop A Delegate Michael J. Connors stated in a letter to Rogers:

“It is with great pride that we support your candidacy for City of Batavia Court Judge. For almost four years, you have served on the bench…following a unanimous appointment by the Batavia City Council.

"During that time you have had the opportunity to handle thousands of cases, including criminal, civil, housing, drug court and Veterans Court; gaining valuable experience throughout."

Quick and Connors also noted Rogers’ “successful, long-term career as a prosecutor with the Genesee County Attorney’s Office, handling family offense domestic violence petitions…juvenile delinquency petitions, pistol permit hearings and child abuse and neglect filings.

"The New York State Police Investigators Association appreciates your years of service and our membership has great confidence in your ability and foresight…we offer our full support in your candidacy.” 

Rogers said: “I am honored and grateful to the New York State Police Investigators Association for their endorsement. Their support, along with the many other public officials and community members who have supported me in my effort to become Batavia’s next City Court Judge, only serves to confirm my commitment to our great community.

"As I canvass this great City and visit with our local citizens, I continue to listen to the people and their concerns and issues with our system of Justice. If elected, I look forward to serving this community faithfully, professionally and with the highest standard of excellence and ethics."

For further information, please contact the Committee to Elect Judge Rogers by visiting their Facebook page @electjudgerogers (facebook.com/electjudgerogers); by visiting www.electjudgerogers.com;  or by email at [email protected]

(Photo: Full-time Batavia City Court judge candidate Durin Rogers, left, with Michael J. Connors, Troop “A” Delegate for the New York State Police Investigators Association.)

June 4, 2019 - 6:23pm
posted by Billie Owens in news, Batavia City Court, Durin Rogers.

Press release:

Genesee County Department of Social Services Commissioner David Rumsey and his predecessor Eileen Kirkpatrick have joined the group of local dignitaries supporting Durin Rogers’ bid to become Batavia’s next full-time City Court Judge.

Both have worked directly with Rogers, who is also Deputy Genesee County Attorney, representing DSS in countless court proceedings, many involving the protection of the youth and families of Genesee County.

Both Rumsey and Kirkpatrick praised Rogers’ diligence and legal knowledge in giving their endorsement.  

“Judge Rogers is an intelligent and motivated individual," Rumsey said. "The work he does representing the County and the Department of Social Services is meticulous. He demonstrates a firmness, but fairness in his work ethic…His knowledge of the law is superior.

"One page cannot adequately sum up everything that Judge Rogers means to Genesee County and this community. Elect him and you will see. I highly recommend Judge Durin B. Rogers be elected as the next full-time Batavia City Court Judge.”  

Kirkpatrick, who retired in 2017 and worked closely with Rogers for many years, said “Judge Rogers’ attention to detail and his consideration of all aspects of each case were impartial and comprehensive. While he established a clear record of holding offenders accountable, he never wavered in considering how the resolution of each case would impact the victim, offender, families and our community.

"The deciding factor…is that Judge Rogers has already spent the last four years as your part-time judge. He has already overcome and surpassed the learning curve necessary to perform the job and to conduct court on time as a fair and balanced judge.”

February 23, 2019 - 3:46pm

Press release:

Today, Feb. 23, at its County Committee meeting, the Genesee County Conservative Party announced the following endorsements for office in the November 2019 elections.
Batavia City Court
  • Judge Durin Rogers for Batavia City Court Judge

The committee had also interviewed Benjamin Bonarigo for City Court Judge. And while he and Durin Rogers both have an excellent record, we decided that Judge Rogers had more experience as a judge already. Except for Judge Rogers, all our endorsements are for incumbents who have had our support in the past.

Genesee County County Legislature
  • Gordon Dibble, District 3 (Pembroke and Darien)
  • Andrew Young, District 4 (Town of Batavia and Stafford)
  • Rochelle Stein, District 5 (LeRoy)
  • Gregg Torrey, District 6 (Alexander, Bethany and Pavilion)
  • John Deleo, District 7 (City of Batavia wards 1 & 6)
  • Marianne Clattenburg, District 8 (City of Batavia wards 2 & 3)
  • Gary Maha, District 9 (City of Batavia wards 4 & 5)
City of Batavia Council
  • Paul Viele, City Ward 1
  • Al McGinnis, City Ward 4
  • Kathy Briggs, City Ward 5

Press release:

The Committee to Elect Judge Rogers is proud to announce that Judge Durin Rogers, Batavia City Court judge, has received the endorsement of the Genesee County Conservative Party for the full-time Batavia City Court position up for election in the fall.

Following the Conservative Party Committee meeting and candidate interviews, the Genesee County Conservative Vice Chairman John Roach said, “We found Judge Rogers to be exceptionally well qualified and he is already a sitting judge—he received the Committee’s unanimous endorsement and we look forward to seeing Judge Rogers on the bench. We encourage all conservative voters to support Judge Rogers throughout the entire process.”

After receiving news of the endorsement, Judge Rogers said, “I am honored to have received the Genesee County Conservative Party’s endorsement for Batavia City Court Judge and I am very thankful for their support. I will continue to work hard for the residents of the City of Batavia.

"As a judge, my commitment is to fairly and impartially apply the law to all of the people of Batavia. Over the coming months, I look forward to talking to the people of Batavia and getting to know them better."  

Judge Rogers’ is now officially endorsed by City of Batavia Republican Committee and the Genesee County Conservative Party. This April will mark Judge Rogers entering his fifth year on the Batavia City Court bench.

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