batavia

Michael Tomaszewski, the former local funeral home owner accused of misusing his client's deposit money and improperly disposing of human remains, entered a guilty plea this afternoon to felony charges that could send him to prison for up to seven years.

The plea offer included no promise of a sentence of lesser than the statutory time in prison of two and a third to seven years for his guilty plea to grand larceny, scheme to defraud, offering a false instrument for filing, and untimely burial.

The sentences for each count will run concurrently under the terms of the plea.  

Prior to Tomaszewki's last court appearance, he disclosed, through his attorney Thomas Burns, to the Sheriff's Office that the remains of another body could be found in his former funeral home. A human body was recovered.

As a result of that investigation, he is expected to be charged with another misdemeanor charge of untimely burial. Under terms of the plea deal, he is expected to plead guilty to that charge and any sentence on that charge would run concurrently to the charges disposed of in today's hearing.

Sentencing for the 40-year-old Batavia resident is scheduled for July 13 at 1:30 p.m.

Tomaszewski was arrested last summer and accused of taking money from clients who had made prearrangement deposits. He misappropriated as much as $15,000 from some clients.

Clients may have suffered a cumulative loss of more than $525,000. 

At his sentencing on July 13, Tomaszewski, under terms of the deal, must agree to make restitution in the amount specified by the prosecution.  

Assistant District Attorney Kaitlynn Schmit told Judge Charles Zambito today that she couldn't provide the exact amount of restitution because Tomaszewski has already paid some people back and there needs to be further research into exactly how much he owes his victims.

Burns said he and Schmit had reached an agreement to delay sentencing by four weeks over the standard time between a plea and sentencing to allow more time to arrive at the final restitution figure.

In a bankruptcy filing last year, which is still pending, Tomaszewski listed $1,094,346 in assets against $3,242,390 in liabilities. 

UPDATE 5:05 p.m.: The Sheriff's Office has released the arrest report on the additional charge against Tomaszewski, duty to bury. According to the Sheriff's Office, after being notified by Burns of the body, a body of a deceased person who had died Sept. 10, 2019, was recovered at the former funeral home. The body was removed and buried. Tomaszewski was issued an appearance ticket on the charge.

Batavia native Deanna Spiotta moved to Nashville, Tenn., in 2013 to try and make it as a recording artist but found, she said, that she was unprepared for the music business and felt alone in trying to navigate it.

But that experience didn't diminish her drive nor dampen the dream of making music her career.

She returned to Western New York in 2015 and started renewing and building connections locally and as a result, this week released her first EP, "The In Between," a collection of six songs she wrote and arranged.

It was produced by Dave Drago in Macedon. Spiotta sings and plays guitar and piano on the tracks. She is joined by Drago on bass, electric guitar, and backing vocals, Alex Northup on keyboards, and Javi Torres on drums.

"It is my hope to share this music with our community and that it will resonate with people and help them feel through difficult emotions," Spiotta said.

This is Spiotta's debut release. She said it was tough making connections in Nashville without any professional recordings under her belt. She hopes the EP is a step toward realizing her dream of writing and performing music for a living.

Her influences include, she said, The Beatles, Shawn Colvin, Miranda Lambert, and Leslie Odom Jr.

She provided a Spotify link to music that inspired and influenced her.

"I'm also inspired by Motown, which makes sense as The Beatles and Shawn Colvin were heavily influenced by Motown artists and Black artists who founded rock 'n' roll and country music," she said.

"Miranda Lambert was very influential to me at the beginning of my career about 10 years ago, and now I find myself growing from her style to create my own. Leslie Odom Jr.'s album, Mr, serves as a big inspiration to me.

"Our sounds don't sound anything alike, but I love that he fuses many different styles, genres and sounds to make something unique. I find it fascinating to fuse all of the musical experiences in my life into my own unique sound."

Her EP is available on Apple Music, Spotify, and her own website, DeannaSpiotta.com.

Photos by Taylor Rambo Photography. All rights reserved. Used with permission of Deanna Spiotta.

Press release:

The Genesee County Health Department is seeking information about the location of a dog and its owner following a dog bite incident on Thursday, April 8, around 3:20 p.m. The person was walking on the sidewalk near Batavia Gardens Apartments on East Main Street, heading west toward Jerome Place in Batavia. 

The dog is described as a tan Chihuahua. The dog was accompanied by a 16- to 18-year-old male who was described as tall and thin with brown/dark/dirty blonde, semi long shaggy hair. He was wearing a black hoodie, pants and glasses. He had headphones on and was paying attention to his phone at the time of the incident. 

It is important to locate the dog to determine whether or not it is current on its rabies shot. If the health status is not identified, post exposure rabies shots will be offered to the victim.  

If you have information about the location of the dog and its owner, please contact the Genesee County Health Department at (585) 344-2580, ext. 5555. 

Spring is here and animals are out more, so "love your own…leave the rest alone." All wild and unknown animals (even dogs and cats) should be avoided whenever possible since the possibility of exposures to rabies can occur anywhere and anytime.

An officer is dispatched to meet up with a complainant at Centennial Park in the city who wants to report a road rage incident.

The complainant said it started at the Country Max on Veterans Memorial Drive. An operator of a black BMW is accused "driving past at a high rate of speed and giving the caller the bird," says the dispatcher.

The caller was, of course, referencing the crude hand gesture that is indicative of moderate to extreme contempt.

The electronics recycling event in the parking lot behind the parish hall* at Ascension Parish in Batavia has been so successful they are ending it early.

It got underway on Thursday April 8 from 8 a.m. to 4 p.m. daily and planned to go for 13 days until April 20th.

This afternoon The Batavian received an email saying it would not continue into a second week because they received a lot of scrap electronics.

"We have done well," Terri King wrote.

So tomorrow Wednesday and Thursday of this week, April 14 and 15, will be the last opportunities to get rid of your old electrical stuff to benefit Camp Good Days & Special Times. It's an organization working to help improve the quality of life for children, adults and families whose lives have been touched by cancer.

Sunnking Recycling is handling the e-waste.

*Location is 17 Sumner St.

Abdi Adan Abdi, 21, of Warner Street, Rochester, is charged with: criminal possession of a controlled substance; operating a motor vehicle while impaired by drugs -- first offense; and failure to keep right on a two-lance road. Abdi was arrested at 3:49 p.m. April 11 on Townline Road in Byron following a traffic stop. It is alleged that Abdi was operating the vehicle while impaired by drugs and that the defendant possessed crack cocaine. Abdi was released with appearance tickets and is due in Town of Byron Court on May 3. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Kyle Tower.

Erica Williams, 26, no address provided, is charged with second-degree harassment. She was arrested for allegedly slamming a person's head against a wooden fence post at 7:23 p.m. March 30 on Watson Street in Batavia. She was released with an appearance ticket to be in Batavia City Court on April 13.

Cassandra Elmore, 29, no address provided, is charged with second-degree harassment. It is alleged she scratched a person in the face at 11 a.m. on March 31 on Liberty Street in Batavia. She was released with an appearance ticket to be in Batavia City Court on April 13.

Nateeka Gibson, 31, no address provided, is charged with second-degree criminal contempt. She was arrested after a disturbance on Tracy Avenue in Batavia at 5 p.m. April 2. It is alleged that she violated a a court order. Gibson was arraigned in Batavia City Court and released. She is due to return to court on April 15.

Shawn Twardowski, 38, no address provided, is charged with criminal mischief. He was arrested after allegedly damaging property at an apartment house on Oak Street in Batavia at 3:25 p.m. April 2. He was released on an appearance ticket and is due in Batavia City Court on April 13.

Thomas James Leonard, 37, of Main Street, Batavia, is charged with petit larceny. On April 9, the Genesee County Sheriff's Office received a complaint about shoplifting at Walmart. It is alleged that Leonard stole property valued at about $44 at 3:30 p.m. April 9. He was arrested and given an appearance ticket to be in Town of Batavia Court on June 15. The case was handled by Deputy Kyle Tower.

Christopher Weigman, 32, no address provided, is charged with petit larceny. He was arrested after an investigation revealed that he allegedly stole merchandise from a business on East Main Street in Batavia at 10:13 p.m. March 11. He was released on an appearance ticket and is due in Batavia City Court on April 6.

In 1802 Joseph Ellicott, the founder of Batavia, and first local agent and surveyor of the Holland Land Company, made his first map of the village.

He divided the area into lots and groups of lots that eventually became streets. Ellicott made lots on both sides of Main Street.

They were commonly called Holland Alleys because he laid them out while acting as agent and surveyor of the Holland Land Company, which owned the village's land.

Most of the city streets are laid out along Holland Alleys. From the west end of the village, on the north side of West Main Street to Jefferson Avenue, Ellicott numbered his lots consecutively with both odd and even numbers.

After Ellicott divided the village into lots and created the early roads, his next step would be to name the roads.  

The names may have changed, but Ellicott’s surveying skills can still be seen today.

What we know as East Main Street he named Genesee Street. West Main Street was Batavia Street. Court Street is Court Street today because Genesee County’s first courthouse was located on that street.

There was a Tonawanda Street in Batavia, which today we call South Main Street. Buffalo Street is now Pearl Street. Lyon Street was once known as Brewery Street because Eager’s Brewery was located on the south end of the street. Oak Orchard Street is the present Oak Street.

Bank Street was formerly called Dingle Alley because Cochrane Bell Foundry was located on that street. Vine Street was once known as Cummings Street. Harvester was once called Cemetery Street. The name changed to Harvester Avenue when the Harvester Johnston Company built its factory on that street.

South Swan Street from Ellicott Street to South Jackson Street was formerly called Grand Street. Maple Street was known as Hill Street. The hill where Dr. Ganson built his home today is called Ganson Avenue.

Ellicott Street was known as Big Tree Street not because there were big trees but because it ran to Big Tree, which today is called Geneseo.

The prominent people of Batavia lived along Main Street and on Jackson Street. Some streets are named after them. Streets such as Chandler Avenue, Seaver Place, Tracy Avenue, Redfield Parkway, Bank Street, Mix Place, Harvester Avenue, Wiard Street, Eleanor and Margaret Place, Trumbull Parkway, Pringle Avenue, to name just a few, have some history behind their names. 

Ebenezer Mix, an excellent mathematician, became known as one of the best civil engineers in New York State. The frontage of his home was on Main Street from Ellicott Avenue to Oak Street. Today it is called Mix Place. The home with modifications still stands on its original property. 

Evans Street was laid out in 1847 and was named after David Ellicott Evans, nephew of Joseph Ellicott.

Tracy Avenue was named after Phineas L. Tracy, a prominent lawyer. He was also a U.S. Representative from New York’s 29th District in 1827 and was a county judge.

Wiard Street is named after Thomas Wiard, a blacksmith and farmer, founder of the business Wiard Plow. His business was located on Swan Street.

Pringle Avenue was named after Judge Benjamin Pringle. 

Cone Street’s name came from Nathaniel K. Cone, the county judge who lived on South Jackson Street's north side. 

In 1875, Union School, the first high school, was built on School Alley just south of the Batavia Middle School. Today that alley is called Ross Street.

Jackson Street is one of the streets that has retained its original name. 

Chandler Avenue was named after Rear Admiral Ralph Chandler. He served in the Navy. He saw action during the Mexican–American War and the American Civil War.

Heman J. Redfield (1788-1877) served in the Army during the War of 1812; he was also a postmaster and a Genesee County district attorney. Redfield Parkway was named after him.  

Dean Richmond was a railroad magnate; he was a leader in the movement to consolidate seven railway corporations into the New York Central Railroad in 1853; he served as vice president and president of the New York Central. Richmond Avenue and the Richmond Memorial Library are named after the Richmond Family.

Seaver Place, which no longer exists, was named for William Seaver. He was the author of a book called "Historical Sketch of the Village of Batavia. You can read this book online. 

Trumbull Cary played many vital roles in the development of Batavia. He was an early postmaster and served in the War of 1812.

In 1815, Cary was very instrumental in establishing the St. James Episcopal Church. In 1829, he helped finance the creation of the first bank west of the Genesee River, the Bank of Genesee. Cary named Margaret Place and Eleanor Place after his wife, Margaret Eleanor. 

John Dellinger came to Batavia in 1855. He built and owned the Dellinger Block and Dellinger Opera House block. Dellinger Avenue is named after him. 

We live on Chestnut Street and we are surrounded by Walnut, Maple, Cherry and Elmwood streets.

If you want to learn local history, visit the Genesee County Holland Land Office Museum (HLOM). Information for this article came from the Genesee County History Department and our Batavia City Historian, Larry Barnes.

Photo by Anne Marie Starowitz.

11 Prune St., Batavia: Opportunity for someone to collect some income and maybe do a little renovation work as well! Xtra large multifamily -- both sides currently rented.

210 Ross St. Batavia: Here's nice affordable one for you! Three bedroom, 1 bath home in great location-well taken care of, super neat and tidy. Downstairs is spacious and well laid out -- kitchen is nicely upgraded with nice pantry area as well. Upstairs features 3 nice size bedrooms and the bath and also leads to a decent walk up attic that someone could finish off or just use it as is for more rec area or storage! Basement is where laundry is and also could store lots of extras! Backyard is cute and semi private and a great place to hang out in nice weather!

Call Lynn Bezon at Reliant Real Estate today. Call 585-344-HOME (4663). Click here to view our listings.

Jeff Houseknecht, whose 42 birthday is the 26th of this month, continues his battle with a terminal stage 4 cancer so rare fewer than 100 people on the planet are known to have it.

He lives on Garden Drive in Batavia, with his wife of almost 15 years, Carolyn, and their two children, 12-year-old Zachary and 10-year-old Lily.

Jeff has had health problems since he was 20, starting with epilepsy, but was able to soldier on because of his strong work ethic and upbeat attitude. Soon after the birth of his daughter, he was hit with multiple health problems, some of which went largely undiagnosed. These ranged from pneumonia and gastrointestinal problems to a spinal condition that caused his spine to slowly fuse together.

The physical problems steadily piled on.

He eventually was also diagnosed with Crohn's disease, which in turn brought on Parkinson's disease, according to his neurologist, and the resulting impediments to movement and speech that had to be overcome. He nearly recovered but some Parkinson's symptoms remain to be wrestled with.

To continue to be mobile and able to work, he was given twice-monthly shots of Humira, an immunosuppressant drug.

But in 2014, a softball-size lesion developed on his spine, which turned out to be MRSA -- methicillin-resistant staphylococcus aureus -- an infectious "super bug" that's difficult to treat and eradicate.

It found an opportunity in Jeff because of the Humira regime.

More such lesions would crop up and jeopardize his health further. A golf-ball-size lesion on his forehead appeared to respond to antibiotics at first, then one morning he woke up looking like he endured the bad end of brawl and doctors told him he might lose his right eye.

When Zachary was 6, he told his family his birthday wish was for daddy not to die. The child's heart-wrenching plea was a turning point, prompting Jeff to take time from his work to support his family and instead focus on his health so he could live and resume his responsibilities.

All the while, of course, there are bills and co-pays, plus travel and living expenses that mount as does the emotional toll.

Things were looking better last year before coronavirus struck. The Houseknechts opened Farmers Insurance Agency at 214 E. Main St. in Downtown Batavia and the ribbon cutting with the Genesee County Chamber of Commerce was Feb. 20, 2020.

The COVID-19 pandemic lockdown came almost a month later. They are open now with the expected health and safety protocols in place, but like most small business owners will tell you, it's been a tough year.

And that's without the deep water the Houseknechts have had to slog through. 

But it hasn't been all bad.

"The outpouring of help and support has been probably one of the best things to come out of all this," Carolyn said this afternoon.

Sounding a little choked up, she added, "This community has helped us with housework, helped rake the yard ... we didn't expect to need this much help so soon, but we're very, very grateful for everyone's help."

Jeff said he grew up here and that's just the way people are raised -- they help their neighbors, they give to their community.

They hold basket raffles, meat auctions, 50/50s, chicken BBQs, donate farm produce, give away clothes, boots and mittens, and stock food pantries with goods, donate blood, recycle old electronics for a good cause, pray for you, enlist small armies to craft greeting cards -- you name it.

(We know firsthand they'll pull your vehicle out of a snowbank. (If you're a newcomer with California plates, your wintertime predicament may concurrently prompt the briefest faint smile, but then that could just be your imagination...))

If you'd like to help Jeff and Carolyn Houseknecht and their family monetarily, there's a GoFundMe, established by Carolyn on April 7. To date, $24,510 has been raised toward the $50,000 goal.

Read more at the GoFundMe partner site, CaringBridge.

And/or help the family out by providing them with prepared meals via Meal Train.

File photo of the ribbon-cutting ceremony for the opening of the Houseknechts' insurance agency in Batavia a year ago February.

A mechanical failure of a refrigeration unit apparently caused a carbon dioxide leak at the Aidi Food Market in Batavia this afternoon.

The leak led to the evacuation of every business in the structure, from the Job Bureau on the east to the Five Star Bank on the west.

Chief Stefano Napolitano did not have an estimated time for when the buildings can be reoccupied. Firefighters are using fans for ventilation, or "positive pressure" to push air through the buildings, as the chief put it, to reduce the amount of carbon dioxide in the air. The goal is to get it down to 400 parts per million, which is a satisfactory ambiant level, the chief said.

The driver of a silver sedan that rear-ended a semi-truck on Ellicott Street at the intersection with Swan Street, Batavia, was evaluated by a Mercy medic and declined further treatment.

The roadway was reopened moments ago.

Tricia Mae Blatt, 34, of East Main Street, Byron, is charged with: fourth-degree grand larceny; aggravated unlicensed operation in the third degree; unlicensed operation; and operating an unregistered motor vehicle. At 3:47 p.m. on April 3, Genesee County Sheriff's deputies responded to a report of a larceny on East Main Street in the Town of Byron. After an investigation, Blatt was arrested. It is alleged she took a cell phone valued at more than $1,000 from a person, then left the scene operating an unregistered vehicle while her license was revoked. Blatt was issued appearance tickets and is due in Town of Byron Court on May 3. The case was handled by Deputy Erik Andre, assisted by Deputy Kyle Tower.

James Joseph Gabrys, 29, of Gasport, is charged with: possession of a hypodermic needle; criminal use of drug paraphernalia in the second degree; and criminal possession of a controlled substance in the seventh degree. Gabrys was arrested at 3:39 p.m. April 8 on Bloomingdale Road on the Tonawanda Indian Reservation for an incident at 2:47 a.m. that morning. He was transported to Genesee County Jail and issued an appearance ticket to be in Alabama Town Court on May 4. The case was handled by Austin Heberlein, assisted by Sgt. Michael Lute.

Mark Frederick Kurzanski, 58, of Olde Stone Lane, Lancaster, is charged with first-degree criminal contempt. At 7:24 p.m. on April 5, Kurzanski was arrested for an incident that occurred at 7:08 p.m. on West Main Street Road in Batavia. He was subsequently arraigned in Batavia Town Court and is due in Genesee County Court on June 2. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Zachary Hoy.

The Batavia Society of Artists held its first -- and they hope it will become an annual event -- Tabletop People's Choice Awards at Eli Fish Brewing Co. in March.  

More than 400 people voted.

The winners and prizes: 

• 1st Place $100:  Joan D'Alba
• 2nd Place $50:  Bethany Zimmerman
• 3rd Place $25:  Brian Kemp

Photos of winning pictures posted in order. Submitted photos.

A skittish female shih tzu who lives at 66 Tracy Ave. in the City of Batavia is missing and owner Nikkie Stronge is beside herself with worry and anxiety about it.

The tiny black and white dog, named "Oreo," managed to bolt out her front door somehow after being chased by a cat she shares the home with.

This happended at about 11:30 a.m. yesterday. She was last seen running northbound, then she darted off and a friend lost sight of her.

There's some history with this feline housemate of hers. In her photo here, she's wearing a protective collar while her eye socket heals -- the cat literally scratched her left eye out and it could not be saved.

"It's not noticable right away because she has black fur around her eyes," Stronge said.

Oreo went back to the vet Friday for a check up and all was good. With some warm weather approaching, Strong decided to bath her a couple days ago and shear off her fur. She removed the 15-month-old pup's collar with tags for the grooming session.

Alas, Oreo is out in the wild world without ID, but she's readily identifiable. Plus, she's wearing Pokémon "Pikachu" character pajamas that are striped black and yellow like a bumble bee. Adorable!

"I'm holding her collar in my hands now," laments mom.

There's another little doggie in the household and the cat chases it, too. So for now the cat she rescued is in a cage and Strong is looking to rehome it.

"The cat is good with other cats and people, but not dogs," Stronge says.

When the canine -- known historically as "the little lion dog" and also the "chrysanthemum dog" skittered away from home, Strong was in Rochester and she returned to learn of the bad news an hour later.

She did everything she could think of: called the animal shelter in three different communities; contacted law enforcement; put up a notice on a lost pet website; scoured parks; looked around wooded areas in the vicinity; and even drove to Alexander on a sighting tip that didn't pan out.

Let's all keep our eyes peeled for Oreo.

If you spot her, give Nikkie Stronge a buzz or text her at (347) 702-1222.

UPDATED 11:28 a.m. April 8: Below, photo of Oreo in her Pokémon "Pikachu" character pajamas.

Griffin Della Penna, the voice of the Batavia Muckdogs, interviews Manager Joey Martinez.

Video submitted by the Batavia Muckdogs.

Previously: LIVE: Interview with Batavia Muckdogs Manager Joey Martinez

There will be a 13-day electronics recycling event at Ascension Parish in Batavia starting tomorrow, Thursday, April 8, and running through Tuesday, April 20.

The drop-off site is the garage adjacent to the parking lot behind the parish hall, which is located at 17 Sumner St. Signs will be put up to direct you.

Time is 8 a.m. to 4 p.m. daily.

Sunnking Recycling is handling the recycling.

Proceeds will benefit Camp Good Days & Special Times, an organization is working to help improve the quality of life for children, adults and families whose lives have been touched by cancer.

City fire was dispatched to a residence on Elm Street for a garbage container fire and it turned out there was extension into the house.

The fire is out.

Firefighters are commencing overhaul.

UPDATE 5:56 p.m.: City fire is clearing the scene.

Peter Joseph Mancuso, 32, of Northwood Drive, Williamsville, is charged with third-degree criminal mischief and second-degree criminal contempt. It is alleged that he caused damage to a person's vehicle at 8:44 p.m. March 6 on Roberts Road in Alabama, in violation of an order of protection. Mancuso was arraigned in Genesee County Court April 5, released on his own recognizance and a subsequent order of protection was issued. The case was handled by Genesee County Sheriff's Deputy Chad Minuto, assisted by Deputy Ryan DeLong.

Jeanna Marie Hattaway, 34, of West Main Street Road, Batavia, is charged with third-degree criminal trespass. Hattaway was arrested after she entered Walmart at 9:35 p.m. April 2, in violation of a June 12, 2018 Notification of Restriction from Property that was issued by Walmart Stores Inc. Hattaway was issued an appearance ticket and is due in BataviaTown Court on April 15. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Erik Andre.