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Wiener dog races at Batavia Downs this Sunday

By Press Release

Press release:

Batavia Downs Gaming & Hotel will host Family Fun Day and their famous wiener dog races on Sunday, Oct. 16.

Family-related activities will also take place including on-site entertainers, a kettle corn stand, pumpkin decorating for kids 15 and under, carriage rides, pony rides and $1 hot dogs and sodas will take place from 12 til 2 p.m. with the wiener dog races commencing at 2 p.m. 

The time was moved up to accommodate guests who want to ensure they don’t miss the Buffalo Bills football game at 4:25 p.m.

Sixty-four dachshunds will be racing for the crown of fastest wiener dog in Western New York.  Each “heat” winner will receive a prize and the top 3 finishers in the championship race will receive free play, food vouchers and a free hotel stay.

Admission and Parking are free.

Photo: File photo by Howard Owens from 2011 race.

Hawley attends quilt show in Alexander, which continues on Saturday

By Press Release

Press release:

The Museum Quilt Guild welcomed Assemblyman Steve Hawley to its quilt show on Friday.

The show is being held Friday the 14th and Saturday the 15th from 10-5 at the Alexander Fireman’s Recreation Hall. Some of the profit from the show goes directly to our local veterans. Guild members donate quilts to the Batavia VA hospital, The NYS Vets home, the cancer centers, All Babies Cherished, ARC and Sleep in Heavenly Peace, among others. 

New members are welcome. You may join us at the show or one of our monthly meetings held on the third Saturday of the month at the Batavia VA. For more information: themuseumquiltguild.com

Domestic Violence awareness 5K set for 9 a.m. Saturday at YWCA

By Joanne Beck

October is Domestic Violence Awareness Month, and the related Run Until Their Voices are Heard 5K begins at 9 a.m. Saturday at YWCA, 301 North St., Batavia.

Registration is at 8:30 a.m., and the event will take place rain or shine. Fee is $35.

Register at YWCA tomorrow or online

GO ART! hosting Day of the Dead celebration in Medina on Oct. 22

By Press Release

Press release:

GO ART! is happy to invite you to our Mexican Día de los Muertos celebration, co-sponsored by the Orleans County YMCA and Mariachi de Oro Mexican Grill. Join us on Saturday, October 22 at the Orleans County YMCA, 306 Pearl St., Medina, from 3:00-7:00 pm.  Come learn about and enjoy this holiday that remembers ancestors, with free activities for the whole family.  The festivities will include Mexican crafts, face painting, dance and drama performances, sand painting and ofrenda displays, and special food tastings.  All activities will continue throughout the day: a full schedule can be found at www.MedinaDoD.com

The Mexican Day of the Dead Celebration is a time of joyful remembrance of deceased loved ones, filled with an array of colors, scents, sounds and stories. Centered around the observance of All Saints and All Souls Days on November 1 and 2, the celebration also includes images and ideas about the roles of ancestors in our lives that trace back to Mexico’s indigenous peoples.  Tradition holds that this is the one time of the year when souls can return to earth for a day and commune with their families and friends.  

“We’re excited to be at the YMCA again this year, with the continuing support of local Medina businesses and community members” says Karen Canning, director of GLOW Traditions at GO ART!  Mexican celebrations of the holiday often include animated skeletons, colorfully decorated skulls (calaveras), and elaborately cut tissue paper banners, emphasizing life’s continuing vibrancy in the midst of mortality. Local business owners and community groups are hosting workshops in such arts, including sugar skulls, paper flowers and banners, and paper masks. Hosts and volunteers include Della’s Chocolates, The Downtown Browsery, Oak Orchard Girl Scouts, and Medina High School students.  Canalside Tattoos will offer temporary tattoos, Case-Nic Cookies will have Day of the Dead-themed treats for sale, and Las Toxicas will feature Mexican jewelry and clothing for purchase. GO ART! staff will host face painting, and Mariachi de Oro will provide samples of Mexican hot chocolate and pan de muerto (bread of the dead), typical food of the holiday.

Beautiful altars (ofrendas) in homes welcome the returning souls and feature candles, wild marigolds, incense, photographs, mementos and loved ones’ favorite foods like fruit, tortillas, tamales, chocolate, and bread.  Members of the Rosario family will again create a large ofrenda at the YMCA in the style of their hometown in Oaxaca, Mexico. Artist Antonio Cruz Zavaleta will create a sand painting in front of the ofrenda, another decorative art found in Oaxaca for the holiday—check the schedule for a Q & A with the creators of these artistic traditions.  Attendees can contribute to a community ofrenda, where they can place a candle (electric, provided) and add their own remembrances of loved ones.

Mexican dance and music performances will be presented by Alma de México, a group from Rochester led by Karla Alcalá.  A former member of a folkloric dance group in Mexico, Karla now teaches community members traditional dance from a variety of regions. Live music will also be provided by La Marimba, a marimba band from Buffalo, led by Tiffany Nicely. Large monos de calenda (street puppets), created by artist, Antonio Cruz Zavaleta, will also return to dance and wander among attendees.  Everyone’s invited to join in, and feel free to come in Day of the Dead-themed outfits.

This year we welcome four artists—Dan Butler, Ted Canning, Ruben Ornelas, and Gaitrie Subryan—from the newly-formed GLOW Creatives collective, supported by a 2-year grant from Creatives Rebuild New York. They will assist with face painting, sound reinforcement, and presentations of personal ofrendas and dance—see the online schedule for exact timing (www.medinadod.com).

The event is co-sponsored by GLOW Traditions at GO ART!, Mariachi de Oro Restaurant, and the YMCA, with partial funding from the New York State Council on the Arts with the support of the Office of the Governor and the New York State Legislature.

Submitting photos.

Top photo: Karla Alcala, front, leads dancers from Alma de Mexico who will perform at the Day of the Dead. Photo from Batavia in 2022, by Karen Canning

Leonel Rosario adjusts the hat on a mono de calenda (street puppet) at the 2021 Day of the Dead celebration, Medina. Photo by Christine Zinni

An attendee enjoys a paper mask-making workshop, 2021 Day of the Dead Celebration, Medina. Photo by Christine Zinni

Lola Alvarado, center, and Gladys Rosario, right, in Dia de Muertos face paint, 2019 Day of the Dead celebration, Medina. Photo by T.C. Owens

Sheriff announces 2022-23 SRO assignments

By Press Release

Press release:

Genesee County Sheriff William A. Sheron, Jr. is pleased to announce that the Genesee County Legislature and Elba Central School Board of Education approved the placement of a School Resource Officer for Elba’s district.  Deputy Ryan W. Young was selected to fill this position and started his assignment last month.  Deputy Young is a 6 1/2-year veteran of the Sheriff’s Office and has 10 years of law enforcement experience.  He is a field training officer and has earned four Commendations during his tenure with the Genesee County Sheriff’s Office.

Additionally, there have been other School Resource Officer assignment changes in Genesee County school districts:

  • Genesee Valley BOCES selected Deputy Kyle J. Tower for assignment at the beginning of the 2022-2023 school year.  Deputy Tower has been with the Genesee County Sheriff’s Office for over two years and has eight years of previous public safety experience.
  • Oakfield-Alabama Central School District selected Deputy Jordan M. Alejandro as its new SRO during last year’s school year.  Deputy Alejandro is a 3 ½-year veteran with the Sheriff’s Office and was awarded a Commendation in 2020.

“There are now seven Genesee County school districts with School Resource Officers.  Deputy Patrick J. Reeves at Pembroke, Deputy Eric J. Meyer at Alexander, Deputy Jeremy M. McClellan at Pavilion, and Deputy Joshua A. Brabon at Byron-Bergen.  It has been my goal to have SROs in each school district to ensure the safety and protection of the students and faculty, and I am very pleased that we have now added Elba Central School District to that list,” stated Sheriff Sheron.

Submitted photos.

Top photo: BOCES SRO/Deputy Kyle Tower.

Elba: (from left to right) Superintendent Gretchen Rosales, Elementary Principal Jessica Cramer, Jr./Sr. High School Principal Morgan Marcello, and Deputy/SRO Ryan Young.

Byron-Bergen:  (from left to right) Director of Instructional Services Betsy Brown, SRO/Deputy Joshua Brabon, Superintendent Pat McGee. Photo Credit: Gretchen Spittler

Alexander:  (from left to right)  Middle School/High School Principal Shannon Whitcombe, Elementary School Principal Erin Weingaertner, SRO/Deputy Eric Meyer, Middle School/High School Asst. Principal Paul Hazard, Superintendent Jake Taft

Pembroke:  (from left to right) Jr./Sr. High School Principal Dr. Nathan Work, SRO/Deputy Patrick Reeves, Superintendent Matthew Calderon, Jr. Sr. High School Vice Principal Brandon Ricci

Oakfield-Alabama:  Superintendent John Fisgus and SRO/Deputy Jordan Alejandro

Pavilion:  Superintendent Mary Kate Hoffman and SRO/Deputy Jeremy McClellan

City road work gradually comes to a close

By Joanne Beck

Rolling into autumn has meant more than the debut of colorfully decorated trees; it has also signaled the finale to several city street projects.

Public Works Superintendent Brett Frank reviewed the list of work at or near completion during this week’s City Council meeting.

As you may have noticed, Bank Street, Chandler Avenue, Ross Street and Richmond Avenue are looking pretty smooth these days with resurfacing done at those sites; and sidewalks have been — or will be by next week — installed along Seneca and Columbia avenues and Fisher and Chase parks, Frank said.

Richmond is still getting some finishing touches with new sidewalks and Americans with Disabilities Act-mandated ramps at each intersection, he said.

Councilman Bob Bialkowski asked why the pile of concrete and road debris was still in the middle of the parking area in front of the state School for the Blind. That material will be removed and the area cleaned up, Frank said, however, the city will not be repaving it.

The state Department of Public Transportation is responsible for any paving, as it is state property, Frank said.

On the city’s east side, Harvester Avenue is coming along, but there is still rehabilitation work to do before final paving is completed, he said.

“So it's a work in progress on Harvester. There's just a lot of moving pieces to that. And once you've milled down eight inches, you find a lot of areas that really need to be addressed,” he said. “Within the next week or so we'll probably start paving driveway approaches to make everything easier for people getting in and out of their driveways. We're hoping end of next week to get a (base) coat which is truly powerful to get some sort of base pavement on that surface, which will cut down on a lot of the dust and debris and all that.”

Some work has to be done with the installation of drainage structures “before we can pave anything,” he said.

The contractor has a Dec. 14 deadline for full completion, he said.

Existing sidewalks are remaining in front of Harvester Center “as much as possible,” City Manager Rachael Tabelski said.

Earlier this summer, a few business owners voiced complaints about the seemingly slow progress being made in front of their sites at Harvester Center. Harvester had been dug up, pot-holed, bumpy and anything but customer-friendly, they said. Rob Credi, owner of The Pub Coffee Hub, estimated a revenue loss of 75 percent since the inception of the road work. 

He had reached out to city management, Frank, and council members multiple times, Credi said, however, he more recently "kinda gave up on trying to get any kind of improvements to the temporary conditions."

"The road quality is still a disgrace," he said on Friday to The Batavian.

Although Frank said this week that he received two compliments from people associated with Harvester Avenue, Credi was obviously not one of them. 

A parking lot across from his shop had been inaccessible due to a trench carved out directly in front of it. That issue has been resolved and customers once again gained access to it, Credi said. But that's when customers could even drive down the street, he said. 

"We've had a couple incredibly bad days where they've more or less had trucks completely blocking the roadway for periods of time," he said. "Just total disregard."

Top Photo: A pile of road debris remains in the parking area in front of the state School for the Blind on Richmond Avenue, but will be removed and cleaned up eventually, city officials say; road construction on Harvester Avenue is also gradually moving toward completion for a December deadline. Meanwhile, businesses are open at Harvester Center. Photos by Howard Owens. Above, one of the days when the road was blocked by construction vehicles and hampered business access. Photo by Rob Credi.

Oakfield Betterment Committee offering prizes for Halloween decorating contest

By Press Release

Press release:

Sign up for the Oakfield Betterment Halloween Decorating Contest! Deadline to sign up is October 17th. Decorations to be judged on October 18-21 by the community. 

Winners get a gift card to Oakfield or Alabama business of their choice: 

  • First place: $100
  • Second place: $50
  • Third place: $25

Winners will be announced at our Halloween party on Oct. 22nd and on social media. The contest is open to the Oakfield Alabama School District residents. 

Sign up here.

Batavia man wins '$1,000 A Week For Life' scratcher Prize

By Press Release

Press release:

Shawn Elkins of Batavia has claimed his $1,000 A Week for Life top prize from the Lottery’s Win $1,000 A Week For Life scratch-off game.

Elkins elected to receive his prize as an annuity. He received his first payment of $33,852 after required withholdings and will continue to receive payments annually, for life.

The winning ticket was purchased at Western OTB/Batavia Downs Gaming located at 8315 Park Rd. in Batavia.

As of this writing, six top prizes remained on this printing of the Win $1,000 A Week for Life ticket (#1453). Players may check the status of any New York Lottery scratch-off by downloading the Game Report at nylottery.ny.gov.

New York scratch-off games generated $4,517,682,111 in total sales during fiscal year 2021-2022. School districts in Genesee County received $13,246,544 in Lottery Aid to Education funds during the same period.

USG donates GLOW Cup T-shirt prize to Mercy Flight

By Press Release

Press release:

The 9th annual GLOW Corporate Cup was run this August with over 700 participants registering for the annual 5K run and walk.  The race brought in $21,000 in support of the GLOW YMCA.  This money will support the YMCA Scholarship program, ensuring that no one is turned away from the Y due to their inability to pay.

In addition to the race, teams design their own T-Shirts and compete for the most creative design.  Each year the local Merrill Lynch office makes a $500 donation to the winning team’s charity of choice.  This year, US Gypsum won the contest for the second year in a row and elected to direct the donation to Mercy Flight of Batavia.  Mercy Flight is an independent, not-for-profit provider of emergency and non-emergency air and ground medical transport and supporting services; ensuring rapid, safe and cost-effective delivery of expert response teams. 

Pictured above from left to right are Duane Van Duuren of US Gypsum, Calvin Klemmer of Merrill Lynch, Jennifer Crotty, Flight Nurse for Mercy Flight, Blake Leddick of US Gypsum and Jeff Abbott, Flight Paramedic for Mercy Flight.

Genesee, Orleans counties marking 10 years of shared services for health departments

By Press Release

Press release:

The Genesee and Orleans County Health Departments (GO Health) are celebrating 10 years of working collaboratively through their cross-jurisdictional shared services arrangement.  This initiative was the first of its kind in New York State and is at the forefront of providing best practices for local governments looking to become more efficient through sharing services. 

The shared services began as a PILOT project for two years and was part of a national initiative funded by the Robert Wood Johnson Foundation that helped establish the Center of Sharing Public Health Services (www.phsharing.org).  Following the first two years, the benefits, both fiscally and operationally have resulted in an ongoing agreement by Genesee and Orleans Counties to continue forward with sharing public health services.

“The Genesee County Legislature saw this collaboration as an opportunity for our residents to be served by high quality staff, which is key to improving the quality of healthy living in Genesee and Orleans Counties,” stated Shelley Stein, Genesee County Legislative Chair.  “Since the beginning of this venture, both counties have made significant progress and now have shared services with the Youth Bureau and Weights and Measures.  These shared services reduce local taxes and lower cost of governments.  Additionally, across New York State our best practices and case studies have been studied by other counties seeking to cut costs for their residents.”

“The cross-jurisdictional collaboration to create the shared Genesee and Orleans County Health Departments, now known as GO Health, was a transforming idea of two legislative bodies,” stated Lynne Johnson, Orleans County Legislative Chair.  “This would not have been achieved if it weren’t for the faith we had in Public Health Director, Paul Pettit to lead the initiative.”

The support and technical assistance of the Center for Sharing Public Health Services for our integrated health departments helped identify the value for our leaders and provide the financial support to jump-start the collaboration.  The New York State Department of Health (NYSDOH) also added its support to the pilot project of joining resources, which leads to the benefit of residents in both of our counties, and is key to our ongoing success.

Working together has helped fill workforce gaps, provide natural redundancy and attract additional candidates for vacant positions.  The public health staff in both counties have become more creative and have worked together on several joint projects, including, but not limited to, a joint strategic plan, workforce development plan, quality improvement, branding and communication plan, and working on a joint application to become nationally accredited through the Public Health Accreditation Board (PHAB) as GO Health.

This collaboration has also seen an increase in the services we are able to offer our residents due to the ability to be more competitive with grant applications with a combined population of almost 100,000 residents.  GO Health has been very successful in applying for and receiving approximately $7,500,000 dollars in grant funds since we began joint applications 10 years ago.  These funds have helped to reduce county costs while enhancing services to county residents.  GO Health has regionalized service delivery further and is also the recipient of a Housing and Urban Development (HUD) grant and the Centers for Disease Control and Prevention (CDC) Lead Poisoning Prevention and Remediation grant in collaboration with Wyoming and Livingston Counties (GLOW region).  These lead grants are going to assist residents in reducing lead poisoning and remediating hazards in their homes.  GO Health has also benefited from three CDC Public Health Associate Program fellows that spend a two-year assignment working in both counties at little cost to the counties.

“Seeing all that we have accomplished over the past 10 years shows that our initial goals were on target,” stated Paul Pettit, Public Health Director of GO Health.  “We continue to look at innovative ways to advance our collaboration, drive efficiencies, and be fiscally responsible.  Where we are today with our integrated operations is a testament to the buy-in and hard work of our county administration, the GO Health leadership team, and all the public health staff.  The staff has been instrumental in the success of our work as they operate as a team, share ideas, deliver services, and promote health as a cohesive unit.”

The COVID-19 pandemic response put our integrated departments to the test.  Having the ability to work together through sharing employees helped balance the surges over the past couple of years and was essential to meet the needs of contact tracing, administering COVID-19 testing and eventually vaccinations in both counties.  One of the most effective benefits of our shared response was with public communications and messaging which allowed us to reduce redundancies and leverage staffing to push information across our shared media.

“We recognize our public health staff for their hard work and dedication throughout the pandemic and over the past 10 years,” stated Mrs. Johnson. “We look forward to seeing what they can accomplish in the years to come.”

“Throughout the pandemic, I was able to volunteer my time at clinics and experience firsthand how caring and committed our health department staff are,” stated Mrs. Stein.  “Watching folks mature into highly functioning teams with only one goal – serve and care for the health and recovery of our residents.  I am in awe of the dedication to public service that was very evident in each member of GO Health each day.  They are a true gift to our communities.  The GO Health partnership gives us the opportunity for health specialists here at home to be comparable with urban counties.  I am grateful to know them.  Our shining stars!”

“Looking forward, we expect to see GO Health continue to mature and provide further savings and enhanced service delivery to our residents,” stated Mr. Pettit, “GO Health is in the final stages of becoming a nationally accredited health department, which is planned for mid-2023.  GO Health will continue to integrate and serve as chief health strategists in our communities.  We look forward to serving both counties as GO Health- onward.”

Photo: File photo by Howard Owens from 2019 at a Genesee County Human Services meeting.  Pettit was public health director in Orleans County before the shared services agreement was signed and has served as director of GO Health since the agreement.

Photo: Fall Colors

By Howard B. Owens

Fall colors off Batavia Oakfield Townline Road and Maple Avenue in Batavia.

Photo by Lisa Ace.

Ready for another outdoor tasting? Eli Fish hosts NY Wet Hop Beer Festival Saturday

By Joanne Beck

While 99 percent of all beers produced depends on freeze-dried and preserved hops, there’s also a type of craft beer made from freshly harvested hops flowers, Adam Burnett says.

That 1 percent happens for about one week a year with a farm-to-brewery operation. And Eli Fish Brewing Company is taking advantage of those special brews this weekend.

“It’s the New York Wet Hop Beer Festival,” said Burnett, a lead organizer and brewmaster from Eli Fish. “Hops are just flowers. And when you pick a flower, it doesn't last very long. So there's only about a one-week window a year when you have the opportunity to pick hops off the vine and use them fresh. And when they’re fresh to pick, and are put right in the brew, you should use them the same day they’re picked; it can be anywhere from the last week of  August up to mid-September.”

The first-time wet-hops fest is set for noon to 4 p.m. Saturday at Jackson Square in downtown Batavia.

“We found that 14 breweries around New York State did that this year,” Burnett said. “We do it every year, and this year I made two different beers to kind of showcase different farms. There were different varietals this year, and it kind of peaked at different times so the window is actually different depending on what type of hops you want to use.”

Burnett made his two brews — pale ales that allow the juicy hops to shine — out of New York-grown chinook and cascade, two popular types of hops, and his Harvest Ale, featuring cascade hops and Michigan copper hops, which is described by beermaverick.com as a “vigorous super-aroma hop with very fragrant floral and tropical fruit aromas and flavors.”

He will have plenty of company from eight wet hops brewers from Western New York and six from New York City. Each booth will have a home-style brew plus a guest brew from another location, he said.

Breweries include 1927 Brewhouse at Santora's, Nine Maidens, Beer Tree, TIL Brewing, Wagner Valley, Swiftwater, Three Heads, Noble Shepherd, Strong Rope Brewery, DaleView, Greenpoint, Endless Life, Threes, KCBC, Port Jeff and Good Nature.

Eli Fish owners and staff are hoping that this inaugural event draws interest and attendance in an effort to make it a yearly and growing festival, Burnett said. Not only is Strong Rope Brewing Company of Brooklyn participating, but it is also hosting the same event on Saturday at its hometown location, he said. So each event will “mirror” one another with similar craft beers and producers for brews from each a local and more distant locale.

Pre-sale tickets are still available for $35, which includes a glass and eight tastings, or people may purchase the glass for $5 and tastings for $5 each on the day of the event. Pre-sale gives you two free tastings, Burnett said.

There will also be specialty foods available for purchase, and the musical stylings of The Eaglez, “a very good” Eagles tribute band from Buffalo, he said.

“We want it to be even just the smallest amount of success. I mean, everyone wants New York to be the (craft beer) place again. But until we respect that we have the ingredients to make beer, it's not going to happen,” he said. “So it takes this kind of stuff to get there.”

Go here for tickets.

Top File Photo of Oktoberfest hosted by Eli Fish at Jackson Square; above, image of The Eaglez logo from its website.

Nolan's lawyer says he will appeal judge's decision

By Mike Pettinella

The attorney representing Michael Nolan, the former chief operating officer of Western Regional Off-Track Betting Corp., said today that he plans to appeal a federal district court judge’s ruling to dismiss Nolan’s lawsuit against the public benefit corporation.

“The misconduct on the part of WROTB is the subject of inquiries by state and federal agencies, and for good reason,” said Steven M. Cohen of the HoganWillig law firm in Amherst. “We are confident justice will be done, despite the strong political influence of President Wojtaszek and the lobbyists and attorneys on his payroll.”

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District court judge dismisses suit against Western Regional OTB by former employee

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Cohen said an appeal will be filed within 30 days of the entry of Judge Skretny’s order, pursuant to FRAP Rule 4(a)(1)(A).

On Wednesday, Justice William Skretny of the Western District of New York in Buffalo, dismissed – based on statute of limitations -- a suit by Nolan, who claimed that his federal First Amendment rights were violated when he alleged that he was retaliated against by WROTB leadership for speaking to federal agencies about alleged improper practices at the Batavia-based corporation.

While Skretny’s ruling closes the case at the federal level, other aspects of the lawsuit – New York State Causes of Action – will continue, Cohen said.

“We are confident that at least parts of Judge Skretny’s Decision and Order will be overturned, but even if not, the State Causes of Action will be going forward, and Messrs. Wojtaszek and Bianchi, and others, will be deposed as part of the New York State Causes of Action,” Cohen offered. “Judge Skretny’s order specifically dismissed the ‘federal Causes of Action’ without prejudice as to the State Causes of Action.”

Cohen was referring to Henry Wojtaszek, WROTB president and chief executive officer, and Richard Bianchi, WROTB board president.

He said that the Notice of Appeal will be filed with the Clerk of the United States District Court for the Western District of New York. The formal appeal is to the 2nd Circuit Court of Appeals, located in New York City.

“After we file the Notice of Appeal, we need to perfect the appeal, submit briefs, as will our opponents, and then the matter will be heard by the 2nd Circuit,” Cohen said.

District court judge dismisses suit against Western Regional OTB by former employee

By Mike Pettinella

A U.S. District Court judge today dismissed a lawsuit against Western Regional Off-Track Betting Corp. that was filed by Michael Nolan, a former chief operating officer of the public benefit company based in Batavia.

Justice William Skretny, representing the Western District of New York in Buffalo, based his ruling on a statute of limitations issue regarding Nolan’s claim that his First Amendment rights were violated when the corporation’s leadership allegedly retaliated against him for talking to federal agencies about alleged improprieties.

Nolan contended that he was fired from his position in December 2020 after being ostracized since April 2019 for sharing information with federal and state authorities as part of an inquiry into practices such as health insurance plans for board members, use of sports tickets and luxury boxes, and awarding of contracts.

WROTB officials retained legal counsel to fight the allegations – eventually filing a Motion to Dismiss -- and the matter has been tied up in court until today’s ruling.

“We are gratified by today’s District Court decision,” WROTB President and Chief Executive Officer Henry Wojtaszek said in a press release. “From the beginning we have stated that these accusations were politically motivated.  We continue to believe that any thorough examination of the facts would show Western OTB acted in an appropriate and professional manner.

“The ruling by Judge Skretny was clearly well researched, well-reasoned, and came to the right conclusion. We will continue to focus on being a model OTB in the state and providing our customers with the best possible experience. Results matter, and the leadership at WROTB has made decisions that have resulted in record revenues being disbursed to our partners in local governments across the area. We look forward to building on that success now that these baseless allegations have been dismissed.” 

In his ruling, Skretny wrote that since Nolan’s claims alleging First Amendment retaliation ran from the first alleged instance of retaliation, “accruing not later than April 30, 2019.” Another complaint dated August 2021 came too late, the judge ruled, citing the statute of limitations at 1 year and 30 days after the first alleged instance.

“Therefore, Plaintiff’s (Nolan’s) First Cause of Action for First Amendment retaliation is dismissed as untimely and Defendants’ (WROTB) Motion to Dismiss … this cause of action is granted.”

Skretny concluded by stating that “absent an original jurisdiction claim, this Court also declines to exercise supplemental jurisdiction over Plaintiff’s remaining state law claims and dismisses them without prejudice. Thus, Defendants’ Motion (id.) to dismiss the Second through and Fifth Causes of Action is granted. Therefore, Defendants’ Motion to Dismiss … is granted and the case is closed.”

In August 2021, attorney Steven M. Cohen of HoganWillig, PLLC, of Buffalo filed a lawsuit on behalf of Nolan against WROTB, Wojtaszek and Richard Bianchi, chairman of the board of directors. The suit asked for Nolan to receive $4.5 million for violating his First Amendment rights (First Cause of Action), plus another $4.5 million for breaking the state’s Civil Service Law (Second Cause of Action) and additional $5.5 million for emotional pain and suffering (Third Cause of Action).

The Fourth Cause of Action sought indemnification and/or reimbursement of Nolan's attorneys’ fees from WROTB for representation for his appearance before the federal Grand Jury, and the Fifth Cause of Action alleged that WROTB violated New York Labor Law by retailing against Nolan.

Wojtaszek, in the press release, said he believes the dismissal once again vindicates the corporation.

“WROTB has won another victory in court against a frivolous attack on our operations. This is our fourth victory this year, against what appears to be a never-ending string of attacks by those with an ax to grind,” he said. “As we stated during our meeting with our 17 member counties last week, we have done much to improve the transparency and accountability of our organization, but many of the charges that were thrown at us were simply unfounded, and that was again underscored today in federal court.

“Lawsuits get dismissed when people miss deadlines. It must not have been a priority for Mr. Nolan or his attorney, which sometimes happens when you start with a baseless claim.”

WROTB was represented by Daniel Oliverio and Aaron Saykin of Hodgson Russ, a Buffalo law firm.

An email was sent to Cohen on Thursday morning, seeking comment on the decision.

Oakfield man accused of multiple counts of rape and criminal sexual act

By Howard B. Owens

A 39-year-old Oakfield man is facing 46 felony charges related to sex crimes over a period of years in the Oakfield and Elba areas.

Ricardo Castillo, Jr., of Maple Avenue, is charged with 13 counts of rape 1st, 10 counts of rape 2nd, 13 counts of criminal sexual act 1st, and 10 counts of criminal sexual act 2nd.

Castillo is accused of raping at least one person under the age of 15.

The rapes allegedly took place between November 2019 and August 2021.

Investigators Howard Carlson and Kevin Forsyth handled the case.

Castillo was arraigned in Town of Oakfield Court and released under supervision of Genesee Justice.

Top Items on Batavia's List

Superintendent of Water and Wastewater (HELP Program), City of Batavia, NY The City of Batavia, NY seeks a creative, team-oriented professional to serve as Superintendent of Water and Wastewater. The Superintendent oversees all administrative, operational, and maintenance aspects of the community’s water and wastewater systems including the City’s water plant, wastewater plant, and the City’s water distribution system, as well as building maintenance, street lights, traffic signals, and pump stations. $87,300 - $105,856 yearly. Send cover letter, resume, and contact information including email addresses for five work-related references, and completed Genesee County application to: Teri Dean, Employee Payroll/Insurance Clerk One Batavia City Centre, Batavia, NY 14020 or tdean@batavianewyork.com Accepting applications until the position is filled. Background check, personality assessment, and physical with drug testing are required. Candidate must become a resident of the County of Genesee or any adjacent town to the County of Genesee within 6 months of the date of conclusion of the probationary period for the City of Batavia. EEO See the full job description at: https://www.geneseeny.gov/Department-Content/Human-Resources/Job-Specifications Genesee County Application: https://www.geneseeny.gov/Department-Content/Human-Resources/Human-Resource-Forms
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AUTOMOTIVE MECHANIC CITY OF BATAVIA SALARY $25.54-$30.08 MINIMUM QUALIFICATIONS:  One year of full-time paid experience as a skilled automotive repairman. SPECIAL REQUIREMENT FOR APPOINTMENT AND CONTINUED EMPLOYMENT: . Possession and maintenance of appropriate valid license(s), as required. Drivers must be at least 21 years of age. BENEFITS:  Health Insurance  Dental Insurance  Paid Holidays  Paid Vacation and Personal Time  Paid Sick Time  New York State Retirement  Deferred Compensation  Flexible Spending  Life Insurance Civil Service Applications are due to Human Resources no later than November 1, 2024. Human Resources One Batavia City Centre Batavia, NY 14020 tdean@batavianewyork.com Phone: 585-345-6340 www.batavianewyork.com
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