A layer of clouds between Western New York and the sun didn't dampen the party mood at Batavia Downs, which hosted an Eclipse Party on Monday afternoon featuring the band Nerds Gone Wild.

The hotel was sold out and more than 400 people attended the event, said Marketing Director Ryan Hasenauer. 

"The assembled crowd headed to the track and cheered as they watched totality approach, and then cheered once again when it became light again, Hasenauer said. "We thank everyone who came out to enjoy the festivities at Batavia Downs."

Hasenauer said the eclipse capped off a successful weekend for Batavia Downs, which also featured a well-attended Experience Psychic Fair.

Photos courtesy Batavia Downs.

A State Supreme Court judge ruled today that a lawsuit can proceed challenging a new weighted voting system for the 15 counties and cities of Rochester and Buffalo that make up Western Regional Off-Track Betting Corp's ownership.

Through the first 50 years of WROTB, each entity had the same vote, or one vote, for each municipality, regardless of the population.

However, the state budget approved about a year ago included legislation that implemented a new weighted voting system. It gives 99 votes total, with more populous municipalities getting more votes. Erie County gets the most with 24 votes, while the four smallest counties, Orleans, Wyoming, Seneca and Schuyler, get one each.

Here is the breakdown of votes per municipality:

• Erie County: 24
• Monroe County: 20
• City of Buffalo: 10
• City of Rochester and Niagara: 8
• Chautauqua: 5
• Oswego: 4
• Steuben, Wayne, Cattaraugus, Cayuga: 3
• Livingston and Genesee: 2
• Wyoming, Orleans, Seneca, Schuyler: 1

Six counties filed lawsuits against Gov. Kathy Hochul, Attorney General Letitia James, the State Senate, and the State Assembly.

The counties in the lawsuit are all Republican-led and include Orleans, Genesee, Niagara, Livingston, Wyoming, and Seneca. Oswego was also added to the lawsuit today.

The lawsuit was filed in September in Orleans County, and a motion to dismiss the case was heard today by Judge Frank Caruso.

Joe Terragnoli, representing the Attorney General’s Office, appeared in court today with Dennis Vacco, representing the seven counties.

Vacco said the case is a very important challenge, showing smaller rural counties standing up to a “power grab” imposed by the state.

“I’m a little emotional about it because I think they receive these types of shenanigans from Albany all the time,” Vacco, a former state attorney general, told the judge in court this afternoon.

The municipalities in WROTB fronted the money to start WROTB in 1973, which has returned about $245 million in profits to the municipalities. Terragnoli said the initial funding to start WROTB has been paid back – many times – to the counties.

“It’s been a very lucrative deal,” he said. “They gave loans, and they were paid in full.”

That contribution never guaranteed an equal vote for perpetuity. The money didn’t purchase voting rights, Terragnoli said.

The state has the right to restructure the board with a weighted vote, he said.

Vacco said the smaller counties never would have put up the money if they had such a small voice at the board table.

He said the change could harm the smaller counties economically, especially if the four members with the most votes – Erie, Monroe, Rochester and Buffalo – get together and make a decision that could hurt the payouts to the other counties. Vacco said the four larger municipalities could go on a hiring spree, approve a capital project the others oppose, or even sell Batavia Downs.

The racetrack in Batavia has 912 video gaming machines that generate about $7 million in profits each month. WROTB also has nine OTB branches and 24 EZ Bet locations.

Vacco also said the legislation approved in May 2023 specifically targeted WROTB and not the other regional OTBs in the state – Capital OTB, Catskill OTB, Nassau OTB and Suffolk OTB.

Terragnoli acknowledged the legislation, pushed by State Sen. Tim Kennedy of South Buffalo, was partly in response to allegations of mismanagement by WROTB. The organization was faulted in an audit by State Comptroller Tom DiNapoli, who said the organization’s leadership did not properly account for $120,000 worth of sports and event tickets purchased by the company. Kennedy and others have characterized the account error as "corruption." 

WROTB has said there are tighter controls now for how those tickets are distributed.

The state comptroller and attorney general also have questioned WROTB for providing fully paid health insurance coverage to board members. The organization has also ended health benefits for new board appointees.

Terragnoli said the WROTB board didn’t do enough to self-correct, which prompted the legislation with the weighted voting for the board. That legislation also removed all the board members at the time, with the 15 counties and two cities to appoint either the same representatives or new ones. (Orleans County opted to reappoint Ed Morgan to the role. Genesee County's director, Richard Siebert, turned in his resignation over the board restructuring and later was replaced by former Genesee County Court Judge Charles Zambito).

Terragnoli said the counties that have sued the state over the changes with the board at WROTB are now claiming they could be hurt financially.

“Where was the concern when the comptroller’s report came out?” he said in court about the unaccounted tickets and perks intended for Batavia Downs customers.

Vacco also said the legislation championed by Kennedy twice failed to pass the Legislature on its own merits. It only passed when it was included in the state budget vote in an act of “subterfuge.”

The legislation would needed a two-thirds majority vote if it had been a standalone bill, Vacco said. It didn’t get the two-thirds threshold as part of the state budget, which is another reason the weighted-voting change should be negated, he said.

Vacco said the counties will wait for the state to file its response to today’s ruling. An evidentiary hearing could also be one of the next steps in the case.

Tom Rivers is editor of Orleans County Hub

LoVeSexy, a Boston-based band that pays tribute to the music of Prince, played to a packed house in Park Place at Batavia Downs on Saturday night.

The band members:

• Giovanni Morant, Lead Vocals, Guitar, Keys & Trumpet
• Anthony C. Grant, Sax, Keyboards, Flute, Vocals & Percussion
• Jodee Frawlee,  Lead Guitar & Vocals
• Brian Eggleston, Keyboards & Vocals
• Jeffrey Gilman, Bass & Vocals
• Chris Botelho, Drums & Samples

Previously: LoVeSeXy pays tribute to the music and artistry of Prince on March 9 at Batavia Downs

Photos by Howard Owens

A 33-year-old Batavia man with multiple prior arrests is accused of intending to cause serious physical injury to a law enforcement officer and that his attack on the officer resulted in the death of the officer.

At 12:45 a.m. on Sunday, Sgt. Thomas A. Sanfratello, 54, a 32-year veteran of the Sheriff's Office, died after a struggle with the suspect inside Batavia Downs.

Michael J. Elmore is charged with aggravated manslaughter in the first degree, a Class B felony, aggravated assault upon a police officer, a Class B felony, and burglary in the second degree.

Elmore is accused of leaving the casino and returning after being told not to return, and that he returned with the intent to commit a crime in the casino. He then allegedly attacked Sanfrantello with the intent to cause a serious injury to him.

According to an earlier press release, Sanfratello was working a special detail early Sunday morning at Batavia Downs when he and security officers received a report of a disturbance at 34 Rush. 

Sanfratello and the security officers encountered  Lyndsey Jean Wilcox, 39, of Batavia, and she was ordered to leave the premises. While being escorted out, Wilcox allegedly became combative with Sanfratello.

Sanfratello and the security officers were able to subdue her and place her in custody.

It was then that Elmore allegedly attacked Sanfratello. Security officers and civilians reportedly attempted to assist Sanfratello. Sanfratello attempted to use his taser to subdue Elmore, but Elmore reportedly kept fighting. During the struggle, Sanfratello became unresponsive, and CPR was attempted.

Wilcox is charged with burglary in the second degree, a Class C felony and attempted assault in the second degree, a Class E felony. 

She is accused of remaining inside Batavia Downs after being told to leave and did so with the intent to commit a crime inside the casino.

Both were arraigned on Sunday evening. Elmore is being held on $100,000 bail, $200,000 bond, and $500,000 partially secured bond. Wilcox is being held on $50,000 bail, $100,000 bond, or $200,000 partially secured bond.

Both are scheduled to appear again in Town of Batavia Court on March 12.

The Batavia Police Department is handling the investigation.

"We would like to thank all those who came forward with information to assist the investigation and those who assisted at the scene," said Chief Shawn Heubusch. "We ask that you keep the family and friends of Sgt. Sanfratello in your thoughts and prayers during this very difficult time."

Sanfratello began his law enforcement career as a dispatcher on Feb. 29, 1992. He was appointed deputy in 1996 and promoted to sergeant in 2007.  

Elmore has a lengthy arrest recording. In 2009, he was accused of shooting a teen with a BB gun at the former skate park in Batavia. In 2012, he was charged with disorderly conduct following a fight on State Street. He was charged with a burglary at Sherwin-Williams in 2013. In 2015, he was accused of sending threatening texts to another person. He also has a prior history of tangling with law enforcement. He was charged with obstructing governmental administration during an incident in 2022 at the former Days Inn. In 2022, he was also accused of slashing tires on vehicles.

In an interview with The Batavian, Henry Wojtaszek, CEO of Western Regional OTB, said that Batavia Downs began contracting with the Sheriff's Office four or five months ago to provide a security detail to the casino on Friday and Saturday nights.  He said the arrangement is similar to what Batavia Downs does with Batavia PD and the Sheriff's Office during the summer concert series and that the agencies are compensated for the officers' time.  

In a written statement released to all media, Wojtaszek said, "The Batavia Downs Family is extremely saddened by the loss of Sergeant Sanfratello and we send our very deepest condolences to his family.   We rarely have incidents at our facility in large part due to the incredible efforts of people like Sergeant Sanfratello.  While words cannot express our sorrow, our thoughts and prayers are with the SanFratello family and his extended first responder family."

Previously: Sheriff's Office sergeant dies in the line of duty while trying to make arrest at Batavia Downs

During an altercation with a criminal suspect at Batavia Downs shortly before 1 a.m. on Sunday, a Sheriff's Office sergeant became unresponsive and, despite life-saving attempts by Batavia Downs security staff, was later pronounced dead by the Genesee County Coroner. 

Thomas A. Sanfratello, 54, was a 32-year veteran of the Sheriff's Office.  He was working a special assignment detail at the Batavia Downs while on duty. 

The investigation has been transferred to the Batavia Police Department, which issued a statement about the case Sunday afternoon.

“Our thoughts and prayers go out to the family members of Sergeant Sanfratello and all the members of the Genesee County Sheriff’s Office at this extremely difficult time,” said Batavia Police Department Chief Shawn Heubusch. 

The Sheriff's Office also released a statement expressing its deep regret and sorrow at Sanfratello's passing.

The statement also stated, "Sergeant Sanfratello’s family would like to extend their sincere appreciation for all the overwhelming support they have received from friends and fellow first responders."

According to Heubusch, Sheriff's Sergeant Sanfratello and casino security were notified about an altercation inside the facility.

Heubusch said that Sanfratello and security were notified about 12:45 a.m. of a possible fight inside the casino. After an initial verbal confrontation inside Rush 34, Sanfratello and security staff began escorting two patrons from the facility.

The patrons are identified as Michael J. Elmore, 33, and Lyndsey Jean Wilcox, 39.

As they were escorted, Wilcox is accused of becoming physically combative with Sanfratello.  With the assistance of security officers, Wilcox was restrained and placed under arrest.  

At that point, Elmore allegedly interfered with her arrest and attacked Sanfratello. 

Security officers and civilians attempted to assist Sanfratello. A fight ensued. Sanfratello attempted to use his taser to subdue Elmore but Elmore reportedly kept fighting.

During the fight, Sanfratello became unresponsive. People on scene began CPR. 

The life-saving attempts were unsuccessful.

Heubusch said no further details are being released at this time.

Charges are expected against Elmore, according to Heuubusch.  He did not elaborate.

Sanfratello began his law enforcement career as a dispatcher on Feb. 29, 1992. He was appointed deputy in 1996 and promoted to sergeant in 2007.  

Gilmart Funeral Home and Cremation Company in Batavia is handling funeral arrangements. More information about funeral plans will be released later.

Elmore has a lengthy arrest recording. In 2009, he was accused of shooting a teen with a BB gun at the former skate park in Batavia. In 2012, he was charged with disorderly conduct following a fight on State Street. He was charged with a burglary at Sherwin-Williams in 2013. In 2015, he was accused of sending threatening texts to another person. He also has a prior history of tangling with law enforcement. He was charged with obstructing governmental administration during an incident in 2022 at the former Days Inn. In 2022, he was also accused of slashing tires on vehicles.

He served two years in state prison on the attempted burglary charge. His parole ended in 2021.

UPDATE: Henry Wojtaszek, CEO of Western Regional OTB, released the following statement:

The Batavia Downs Family is extremely saddened by the loss of Sergeant Sanfratello and we send our very deepest condolences to his family.   We rarely have incidents at our facility in large part due to the incredible efforts of people like Sergeant SanFratello.  

While words cannot express our sorrow, our thoughts and prayers are with the SanFratello family and his extended first responder family.

The safety of our guests and our dedicated staff is our highest priority, and we will continue to work with our partners in law enforcement throughout their investigation.

We are committed to assisting the SanFratello family and the entire community through this difficult time.

In an interview with The Batavian, Wojtaszek said that Batavia Downs began contracting with the Sheriff's Office four or five months ago to provide a security detail to the casino on Friday and Saturday nights.  He said the arrangement is similar to what Batavia Downs does with Batavia PD and the Sheriff's Office during the summer concert series and that the agencies are compensated for the officers' time.  He reiterated during the interview, "We are committed to the safety and security of our patrons." 

UPDATE 6:05 p.m.: Heubusch said Elmore is in custody pending charges.

According to Heubusch, this is an ongoing investigation. Witnesses and people with video of the incident are asked to come forward. The Detective Bureau can be reached at 585-345-6311 or submit a tip at www.bataviapolice.org.

Press Release:

Batavia Downs Gaming and Hotel had a record-setting week From February 18 to 24.  With daily promotions, nicer weather, and the heavily anticipated Legends & Stars Sports Card Expo taking place in the week, more than $25 million in Credits Played went through the machines at the gaming facility, marking its highest week-long total of all time.

On Friday, Feb. 23, Batavia Downs reported its third-best, single-day record in credits played, with $5,173,626.

The week total for net win of $1,871,544 was the second-highest in Batavia Downs's history. 

“We are so very appreciative that, in a region with so many entertainment options, people are choosing to visit Batavia Downs in record numbers," said Henry Wojtaszek, Batavia Downs President and CEO.  “To commemorate the record-breaking weekend and to say "thank you" to our guests, I’ve asked our Marketing Team to do a special promotional drawing on Sunday.“

A special drawing, set for 8:30 p.m. on Sunday, March 3, will see one person win $2,000 in cash and a pair of suite-level tickets to the Zach Bryan March 10 concert at KeyBank Center.

Anyone who plays on March 3, using their Player's Card, is eligible for the contest.

Batavia Downs Gaming & Hotel has announced details for their Eclipse Party, scheduled from 1 - 4 p.m. on Monday, April 8 during the Total Solar Eclipse happening that day.

Tickets are just $20 and attendees receive back $10 in Free Play. Attendees will receive ISO-certified Eclipse Viewing Glasses, Snacks, and Beverage Sampling courtesy of Tops Markets, Starry, Sunkist, Blue Moon, Heron Hill, and the Totality Black Lager from Rohrbach, Strangebird, and Three Heads Brewing.

There will be Live Music courtesy of Nerds Gone Wild, WNY’s Premier ’80s Party Band from 1 - 3 p.m. Attendees will have access to the track apron for Eclipse Viewing for the 3-minute, 43-second Eclipse.

The gaming floor will have promotions and giveaways prior to the party as well.

“We are excited to celebrate this once-in-a-lifetime event with the people of Western New York and beyond, “said Henry Wojtaszek, President and CEO for Batavia Downs Gaming & Hotel. “We look forward to entertaining all those coming to the area and are keeping our fingers crossed for clear weather.”

Tickets are available now on bataviaconcerts.com.

Hotel Packages for this event for out-of-towners, or locals wishing to take a staycation, can be booked by calling Sara at (585) 344-6155. Hotel packages include 2 nights of accommodations (Sunday and Monday) alongside a free blanket and complimentary welcome dinner on Sunday night.

Other events scheduled on Eclipse weekend include the Experience Psychic Fair April 5 - 7.

Press Release:

Batavia Downs Gaming & Hotel has announced the lineup for events taking place onsite alongside the 3 Triple Crown Races this spring as well as newly announced vendor shows and fundraisers.

The Derby Gala returns on the first Saturday in May - May 4. Cost is $139 per person and includes Buffet Dinner, Open Bar, a $20 Wager on the Derby, Derby Glass, a Derby T-shirt, $60 in Free Play, and bourbon sampling from Woodford Reserve, the official Bourbon of the Kentucky Derby.

A limited number of hotel specials are available on that day - The special is $449 and includes 2 entries to the party and a hotel room that evening.

On that same day, the Park Place Room will be host to the Superfecta Special - which includes a $25 Free Play, $5 Wager on the Derby, Derby Program, and a Lunch. The cost is $30 per person and attendees can pay at the door.

On Preakness Stakes Day - Saturday, May 18, the 3rd Annual Tacos and Tequila event takes place inside the Park Place Room. The cost is $35 and includes Tequila Sampling from multiple vendors, a Taco Bar, $20 in Free Play, a $5 wager on the Preakness Stakes, and a Taco Holder to take home. Early Bird Tickets will be available for $30.

The hotel special for this event is $229 and includes 2 entries to the event and a hotel room that evening.

The final jewel of the Triple Crown is the Belmont Stakes, this year in Saratoga, on Saturday, June 8. That same day inside Park Place is the Bourbon and Whiskey Fest. The cost is $35 and includes Bourbon and Whiskey Sampling, Grazing Stations, $20 in Free Play, and a $5 wager on the Belmont Stakes. Early Bird Tickets will be available for $30.

The hotel special for this event is $299 and includes 2 entries to the event and a hotel room that evening.

Tickets to the Derby Gala, Tacos & Tequila, and Bourbon and Whiskey Fest can all be purchased at BataviaConcerts.com.

Those wishing to book the hotel specials can find direct links to do so on the hotel deals page on the Batavia Downs website at https://www.bataviadownsgaming.com/hotel-deals/.

“Last year our Triple Crown events had record attendance,” said Henry Wojtaszek, President and CEO of Batavia Downs Gaming & Hotel. “Our events calendar is more packed than ever to keep guests coming back for outstanding, unique experiences onsite.”

Prior to the Triple Crown, other Spring events announced by Batavia Downs and available on BataviaConcerts.com include:

The Batavia Downs Record Riot Vendor Show is Sunday, March 24 - attendees will be able to browse multiple vendor tables to discover a wide selection of vinyl records including rare finds, all while connecting with fellow music lovers.  Tickets and details are available at https://www.eventbrite.com/o/record-riots-17875655772.

The Batavia Downs Silent Disco returns on Saturday, March 30 - Tickets are $20 and include $10 in Free Play.  Attendees can listen to 3 different channels of music on headphones and dance the night away.

The 2nd Annual Fur Ball Gala Animal Fundraiser on April 13 - Tickets are at $75 and monies raised go to the Whispering River Animal Rescue & Begin Again Horse Rescue.

Nickel City Wrestling’s return to Batavia Downs is on Sunday, April 14 - tickets are available at https://ncwrestling.booktix.net/.

Tickets are also on sale on BataviaConcerts.com for Music of the Stars, Prince Tribute Show, and the entire Rockin’ The Downs Summer Concert Series.

By James Fink.

 In keeping with his promise to promote local and regionally grown and produced food products, Batavia Downs Executive Chef Daniel Fernandes has created a special event highlighting not only regional foods and ingredients but also a prominent Italian-based wine that Victor-based Constellation Brands Inc. owns.

The culinary event, called Tapas & Tastings, is set for Feb. 29 at Batavia Downs and will showcase a specially created menu by Fernandes that is paired with various Ruffino wines, which have been owned since late 2011 by Constellation Brands.

The event is the latest in a series of culinary-based promotions that Fernandes is creating as part of his plan to showcase and highlight regionally grown and produced food items.

"In this case, we are using food as a bridge to the wine," Fernandes said. "This is all part of our plan to showcase our region's cultural heritage."

The final menu includes:

Insalata Tropicale di Langostino is a fresh lobster salad of green mango, pineapple papaya, and petite basil delicately tossed in a tangerine and cardamom vinaigrette.     

Quatro Formaggio Tortaloni Bolognese - Tortelloni Filled with A Blend of Parmigiano Reggiano, Grano Padano, Impastata Ricotta And Fiore Sardo Tossed In A Classic Lamb Bolognese Sauce.  

Guancia Di Vitello Brasata Con Risotto Ai Funghi Selvatici - Brunello braised Beef Short Ribs cheek served atop creamy wild mushroom risotto, infused with the rich and intense flavors of Tuscany.    

La Tavola Rustica di Salumi e Formaggi - A tantalizing flight of local and Italian cured meats & artisanal cheeses.

Sicilian Ricotta Cheese Cake - Sicilian souffle’d ricotta cake made with organic free-range eggs, baked at high heat to form a caramelized exterior, forming a natural crust and creamy interior and finished with vibrant strawberry coulis.  

Each course will tie in with the appropriate Ruffino wine.

"Every ingredient, every food item, is being given special consideration," Fernandes said.

Tapas & Tastings is the first of several culinary-related special events Fernandes will create this year at Batavia Downs.

"Why not?" Fernandes said. "We have some incredible local products that we can showcase."

Tickets can be purchased at Bataviaconcerts.com for $60 and include the tasting plus $30 in Free Play. 

James Fink writes on behalf of Batavia Downs.

The horses lined up for the final time this winter at Batavia Downs on Monday (Feb. 26) and the card featured a $12,000 conditioned pace that was won by Ball Diamond (Keith Kash Jr.), who claimed her second win of the year.

Ball Diamond got away in the pocket behind Lanas Desire (Dave McNeight III) who paced to the half in :58.1. There, All About Lynx (James McNeight Jr.) was rolling on the outside and eventually drew even with the leader around the last turn, just before heading into the stretch. But both horses were soon to be passed by the tripped-out Ball Diamond, who found clear sailing by the pylons and bolted to the line, ahead by one-half length in 1:56.2.

Ball Diamond ($8.90) is owned by Bruce Soulsby and Dannie Hostetler and is trained by his driver Kash.  

Kash accounted for three driving wins on Monday after also winning with So So Incredible (1:56.1, $5.40) and Long Legged John (1:57.3, $11.60), who he also owns and trains.

Monday's card concluded the 2024 winter racing meet at Batavia Downs. Live harness racing will resume at The Downs on Saturday (July 27) when the summer/fall meet kicks off.