Batavia Downs

Batavia Downs live racing meet is back on July 20!  Check out the website for details and promotions at BataviaDownsGaming.com They’d like you to meet one of their staff for the upcoming meet.

 

Batavia Downs live racing meet is back on July 20!  Check out the website for details and promotions at BataviaDownsGaming.com They’d like you to meet one of their staff for the upcoming meet.

Batavia Downs live racing meet is back on July 20!  Check out the website for details and promotions at BataviaDownsGaming.com They’d like you to meet one of their staff for the upcoming meet.

Batavia Downs live racing meet is back on July 20!  Check out the website for details and promotions at BataviaDownsGaming.com They’d like you to meet one of their staff for the upcoming meet.

Peter Noone's Herman's Hermits packed in the crowd for Rockin' the Downs tonight.

Photos courtesy Batavia Downs.

Batavia Downs live racing meet is back on July 20!  Check out the website for details and promotions at BataviaDownsGaming.com They’d like you to meet one of their staff for the upcoming meet.

Press release:

Representatives from Batavia Downs Gaming & Hotel are preparing for a new generation of harness racing at Batavia Downs beginning next Wednesday, July 20^th from America’s Oldest Lighted Harness Track.

The 56-night season is scheduled to run on select Wednesdays, Fridays, Saturdays, Sundays and Mondays throughout the summer and fall.  A full schedule with post times can be found on BataviaDownsGaming.com.  With a newly renovated Clubhouse, group packages are now available and interested parties can call 585-343-3750 to book. 

“We know that Western New York Harness fans will be pleased with the time and effort that has been put into renovating the historic Clubhouse, said Scott Kiedrowski, Vice President of Operations.  “We look forward to entertaining race fans this season and for years to come.  Our new racing management team will be more focused on putting on a quality racing product with the highest integrity.”

New Director of Live Racing, Don Hoover, brings a wealth of horse racing experience at a number of tracks in the Northeast including Saratoga Harness where he spent the last 12 years.  Originally from North Tonawanda, Don left a banking career to become a successful driver/trainer at Saratoga Raceway.  He even claimed his first horse at Batavia Downs.  Over 15 years he drove and trained as several tracks along the east coast including at Batavia Downs.  He worked as an assistant Race Secretary at Vernon Downs before becoming the Simulcast Director and Race Secretary.   He then moved to Northfield Park where he headed up their racing Publicity Department while also heading up Player’s Club and taking over Handicapping Duties.

“We are so excited to welcome Don to our team, “said Henry Wojtaszek, President and CEO at Batavia Downs. Never have we had someone on our team with such an impressive breadth of knowledge in this specialized industry.  Don will bring a whole new perspective with his wealth of experience from tracks across the country.  We look forward to implementing his ideas to bring the guests of Batavia Downs the very best racing experience.”

“As we welcome back race fans, we are offering two bets that were introduced last year and proved to be really popular,” said Hoover.  “Our Pick 5 starts each night in Race 1.  If no one holds a winning ticket, the money will roll over to the next night.  Also returning is the Jackpot Super High 5 which allows patrons to predict the exact order of the first 5 horses in our last race on select nights.  Again, if no one holds a winning ticket, that money will roll over to the next night.”

Wayne Teaven is the new Race Announcer at Batavia Downs.  Wayne wanted to be a race announcer ever since he followed announcer Pete Szymanski at Buffalo Raceway back in the late 80s and 90s. This self-taught announcer worked his way up the announcing ladder in the mid-2010s before calling full races at Buffalo Raceway in 2016.  He became the full-time announcer at Buffalo Raceway in 2017. He’s called NOFA Football as well as dirt bikes, motocross, and go-kart races and is excited to be the full-time announcer.

Assistant Race Secretary and Program Director Patty Bruno has been part of the Batavia Downs team for years.  She is very involved with the New York Sire Stakes, serving as race secretary and program director for most of the county fairs in New York State.  A product of SUNY Geneseo and Nazareth College, she worked as a teacher for 34 Years.  Having retired from full-time work, she now uses her extensive knowledge and positive attitude to promote harness racing throughout New York State.

Another longtime member of the Batavia Downs Team is Mary Bucceri, now in a new role as the Administrative Assistant for Live Racing.  After working in the Marketing and Food and Beverage Departments she has assisted with many events onsite, working with many local charities and organizations to raise money via events onsite.  Mary’s family has a long history in Harness Racing with her parents both working in the industry.  Mary will be working with local groups to bring them to the newly renovated clubhouse for the upcoming racing meet.

New Track Photographer, Wendy Lowery is a newlywed who has owned and operated her own photography company for over 10 years, specializing in portrait, wedding, lifestyle and nature photography.  Her photos have been featured in the Seneca Park (Rochester) Zoo newsletters and calendar.  Wendy’s passion for equestrian photography will make her an integral part of the new Batavia Downs Live Racing Team.

Missy Morris is the new Batavia Downs Outrider.  Outriders often lead the post parade but also help calm jumpy horses or help track them down should a horse get loose.  Missy is a 3rd generation from the Stark family that participated in racing on the Western NY circuit. She has been outriding at the Meadows Racetrack and Casino (Pittsburgh) for the last 26 years.   Having started while still in high school her career has seen her ride at two Breeders Crowns and 7 years at the Little Brown Jug.

“I am pleased with the new team that has assembled here at Batavia Downs, “said Hoover.  “We look forward to improving on the Live Racing product with new promotions and events for our valued guests.  We hope all Harness Fans from throughout the county will come by to see the newly renovated Clubhouse or enjoy one of our $2 dollar days.  Our emphasis will be on providing families and fans with an affordable and fun experience at the track.”

Press release:

Please be advised that beginning on Tuesday, July 12, 2022 those wishing to visit Batavia Downs who arrive by heading south on Park Road will enter our parking lot via Batavia Downs Trail, the small road located just past Alex’s place.  Traffic leaving the parking lot must also exit at that location.

Also beginning on Tuesday, July 12, traffic on Park Road, North of Batavia Downs, will go back to two way traffic.

In order to expedite the completion of the Park Road Project, Park Road will be closed from this new Batavia Downs Parking Lot entrance all the way to the south to Lewiston Road for the immediate future while the road is being worked on. They expect completion on this part of the project by late August.

Those wishing to access the free valet parking must do so by entering into the main lot and following signs directing them to the area near the crosswalk near Batavia Downs’ front entrance.  The valet will be located near the red square on the attached map.  Valet parking will not be accessible from the former K-Mart Parking lot.

Press release:

The Park Road Improvement project continues to progress. Utility work is nearly complete. The project will be focusing on roadway reconstruction activities including excavation and removal of the existing roadbed, curb work, street lighting, sidewalks and paving.

To expedite this work, the portion of Park Road between Lewiston Road to Richmond Avenue will be closed to all through traffic beginning Tuesday, July 12, 2022 and will remain closed until the Labor Day holiday.

The portion of Park Road from Richmond Avenue to Veterans Memorial Drive will revert from one-way traffic back to two-way traffic. Daily work zones with reductions to a single-lane traffic are to be expected.

Batavia Downs traffic is asked to enter and exit the facility parking area from the north end of Park Road near Richmond Avenue. Signage will direct Batavia Downs customers and staff to the parking areas.

For traffic needing to access Park Road approaching from Lewiston Road/ NYS Route 63, you are asked to follow the Park Rd Detour utilizing Veterans Memorial Drive.

For traffic needing to access Lewiston Road/ NYS Route 63 approaching from Oak Street/ NYS Route 98 and NYS Thruway, you asked to follow the Route 63 Detour utilizing Veterans Memorial Drive.

All through traffic is asked to avoid Park Road if possible and seek alternate routes. 

The Mighty Zep -- in the form of tribute band Get the Led Out -- landed hard and loud -- just the way Jimmy Page, Robert Plant, John Paul Jones, and John Bonham should be represented -- at Batavia Downs on Friday.

A capacity crowd rocked right along with a full set of Led Zeppelin classics. 

Get the Led Out -- a six-piece group -- provides faithful renditions of Zeppelin studio-recorded hits as fans have known them through the eras of vinyl LPs, 8-track and cassette tapes, CDs, and streaming.  GTLO is Paul Sinclair, Paul Hammond, Tommy Zamp, Phil D'Agostino, Adam Ferraioli, and Eddie Kurek.

Photos by Howard Owens.

When Buffalo singer/songwriter Max Muscato released his punchy single “Valarie,” in February, it ended a five-year drought since he last released music in the form of his 2017 debut album, “Act One.”

The reason for the break was Autism Rocks, a non-profit inspired by his brother, Sonny, who has autism. It works to keep people with autism on track by offering career preparation workshops in music, acting, film, and other arts while also raising funds and awareness for autism.

“I took three to four years off from my music career to make sure my brother was solid and the organization was great,” Muscato said in a late-June phone interview. “And now that it is where we want it to be – it’s self-sustaining – I told the board, I said ‘Guys, I’m going to focus back on my music career now. It’s what I’m meant to do.’”

So fans can be assured they’ll be seeing new songs from Muscato on a more frequent basis going forward. Muscato has been writing songs in the interim and going forward plans to release a new single every month or two, while building up his touring schedule.

Two of his shows will essentially be hometown events. On July 3, he opens for boy band the Backstreet Boys at Darien Lake Amphitheater, while for his July 6 show at Batavia Downs, he’s opening for hard rockers Theory of a Deadman. Muscato’s presence on these bills says something about the wide appeal of his music.

“It’s great because I love all kinds of music, really. If it’s a good song, it’s a good song,” Muscato said. “But growing up, I loved the Backstreet Boys and I listened to them all the time. I’m such a melody guy. Like if it’s catchy, I’m so hooked. And at the same time, Theory of a Deadman, they’re hard and I love hard rock. I found that across all genres of music, there is an aspect of pop. And those are the types of artists that rise to the top. Even in death metal, they do have certain bands that have catchy melodies and hooks. That’s why I gravitate to these types of bands. 

“So when we open for the Backstreet Boys, we’re going to do a stripped-down acoustic set with our congas and an electric cello will be with me,” he said. “And with my music, I have very catchy choruses. It’s pop-rock-oriented. So I think it lends itself very well to the Backstreet Boys in the way we’re going to do it. On the other side, at the same time, when we’re opening for Theory of a Deadman, that’s going to be a rock show and we’re playing the heavy rock songs that really punch you in the face. But they’re also super catchy.”

Photo: Submitted photo.

Alan Scully is a freelance music feature writer.

Tommy DeCarlo, lead singer of the legendary rock band Boston, played Friday evening at Batavia Downs as part of its annual summer concert series.

DeCarlo has performed on every Boston tour since 2007 playing to sold-out audiences all over the world.

This show closes with a full set of Boston classic hits from the 1970s and 80s. Touring professionals in DeCarlo's backing band include August Zadra on lead guitar/vocals (Dennis DeYoung Band), Walter Ino (Survivor/The Babys), Mike Morales on drums (Dennis DeYoung Band), Tommy DeCarlo Jr. on guitar/vocals, and Payton Velligan on bass/vocals.

The two-set show started with Rudy Cardenas of American Idol and a full set of Journey classic hits including the hits from both the Steve Perry and Gregg Rolie eras.

Cardenas has had a long relationship with Journey music starting in 2007 when he debuted on season 6 of American Idol singing "Open Arms" on national TV.

To view or purchase photos, click here.

Photos by Steve Ognibene

Press release:

Batavia Downs Gaming & Hotel announced today that due to circumstances beyond their control, the concert on June 24th, 2022 will no longer feature Finger 11.

On June 24th, 2022, The Sweet will perform at the Rockin’ The Downs Summer Concert Series.

The Legendary Rock band The Sweet shot to the top of the charts in the 1970s with such hits ats Ballroom Blitz, Fox on the Run, Love is like Oxygen, Little Willy, Hellraiser, Teenage Rampage and more.  The Sweet features Stevie Stewart on Bass, Keyboards and Vocals, Mitch Perry on Guitar, Richie Onori on Drums , Patrick Stone on Lead Vocals, and Dave Schultz on Keyboards and Vocals.  Their unparalleled chemistry continues to forge ahead with the same vigor, intensity & enthusiasm keeping Steve Priest’s vision and “The Sweet’s” legacy alive.

Please note that tickets purchased for the Finger 11 concert will still be honored on that date.  Those wishing for a refund may do so through their point of purchase.  Info can be found inside of your ticket confirmation email.  Tickets purchased at the Lucky Treasures gift shop may be refunded during normal gift shop hours.

Tickets are available for The Sweet right now on BataviaConcerts.com.

Ricky Palermo, front center, talks about his Foundation during a "Rock With Ricky" fundraiser concert Friday at Batavia Downs Gaming in Batavia. Bruce in the USA, a tribute band to the boss and his E Street band, was the first concert of the season and the first time the Ricky Palermo Foundation partnered with Batavia Downs to further its cause of raising awareness and money for spinal cord research. Palermo's Foundation has raised and donated $1.7 million for the community and research at The Miami Project to Cure Paralysis.  Photo by Nick Serrata.

 

Press release:

Ahead of the concerts at Batavia Downs Gaming and Hotel, beginning with this Friday’s Bruce in the USA charity concert to benefit the Ricky Palermo foundation, has announced the following traffic pattern changes for the roads surrounding the facility.

In conjunction with the Genesee County Sheriff’s Office, please note the following:

With northbound traffic on Park Road already closed due to construction, all those looking to attend the concerts who approach from the south should park in the former K-Mart Parking lot.

Those approaching from the north and the Thruway can go south on Park Road as normal and park in the Batavia Downs Lot.

Due to road construction, all foot traffic from both lots should be directed up and through the main entrance.

Valet is open and is free as per usual.

On Fridays, beginning at 9:30 p.m. and lasting for about an hour, traffic southbound on Park Road will be diverted down Richmond unless that person is attempting to visit Batavia Downs.  Traffic leaving the main Batavia Downs Parking lot at that time will be sent North and then be diverted down Richmond.  Traffic can then find their way back to the thruway or into Batavia itself.  Traffic will NOT be permitted to travel south on Park Road during this brief time as patrons exit the main doors into the various parking lots.

Due to concert traffic, if you do not have a need to be near the Batavia Downs facility, it is best to avoid the area during those times.

Press release:

Representatives from Batavia Downs Gaming & Hotel and the Ricky Palermo foundation today donated over 3,300 tickets to the Genesee County Veterans Service Agency for the upcoming concerts at Batavia Downs.

The first concert, featuring Bruce in the USA, the World’s #1 Tribute to Bruce Springsteen & the E Street Band, will take place on Friday, June 10^th.  100% of the proceeds from ticket sales, chair rental and raffles that day will go to the Ricky Palmero Foundation for Spinal Cord Research.  The fifth Rockin’ the Downs concert series, presented by Pepsi, will start the following week on Friday, June 17^th.

“We are happy to extend these complimentary tickets to our local veterans, “said Henry Wojtaszek, President and CEO of Batavia Downs and a retired member of the US Navy.  “We thank all the men and women of the Armed Forces for all that they have done and continue to do for our great nation.”

“Our Ricky Palermo Foundation has worked with many veterans and veteran agencies throughout the years,” said Ricky Palermo, President and CEO of the Ricky Palermo Foundation.  “Just like Batavia Downs has done in years past, we too wanted to extend complimentary tickets to our concert for area Veterans to thank them for their service.”

“We are grateful to receive tickets for all 11 concerts, said William Joyce, Director of the Veterans Service Agency of Genesee County.  “Our area Veterans love going to the concerts and we are pleased to be able to extend this opportunity to them once again.”

Tickets can be purchased to all Batavia Downs Events including the Ricky Palmero Charity Concert at BataviaConcerts.com

About Batavia Downs/WROTB
Western Region Off-Track Betting Corporation is a public benefit corporation with headquarters in Batavia, NY. WROTB owns and operates 10 branches, as well as Batavia Downs Gaming, a standard bred racetrack and gaming facility. Since its inception, Western Region OTB has generated over $232 million in operating and surcharge revenues to the taxpayers of participating municipalities.

About The Ricky Palermo Foundation
When we first started our foundation, we started small, hosting a cut-a-thon and selling T-shirts that raised a total of five thousand dollars for The Miami Project. In 1996, with the help of my family and close friends, we started The Ricky Palermo Spinal Injury Golf Tournament. Our first year we set a goal to raise five thousand dollars. By the end of the day we had raised eleven thousand, exceeding our goal by over fifty percent. Fast forward to today, our tournament is one of the largest in Western New York with 200 plus golfers, raffles, fun, and even a helicopter golf ball drop. Our foundation has grown into more than just raising awareness and money. We have annual comedy shows, soccer, basketball and lacrosse clinics, and dinners with both live and silent auctions. In 25 years, we have donated $1.7 million to our community and to research at The Miami Project to Cure Paralysis.

About the Veterans Service Agency of Genesee County
The Veterans Service Agency of Genesee County Provides services for veterans and their families.   We assist with filing claims and obtaining psychological, employment, and financial counseling.  We also offer assistance in military review of discharges and in obtaining New York State benefits.  Services are free to veterans, spouses, widows, and children of veterans.

Press release:

Western Region Off-Track Betting (WROTB) / Batavia Downs Gaming President and CEO Henry Wojtaszek presented representatives from the Oakfield Alabama Little League with a check for $2,000.  The funds will help maintain the baseball fields and will help keep registration fees low for families.

The Shopping for Mom Craft and Gift Showcase, held at Batavia Downs on May 1^st, was organized by Ted Hanes and Mary Bucceri, Group Sales Manager at Batavia Downs.  100% of collected vendor fees and accepted donations by attendees totaled $2,000. 

“In these tough economic times, we are blessed with the ability to raise awareness and funds through our events,” said Wojtaszek. “Organizations like the Oakfield Alabama Little League support children being active and growing their social skills as they interact with each other.  We are pleased to help alleviate the financial burden on parents by partnering with this worthy organization.”

“The funds will be used to maintain the grounds and help OALL keep registration fees low, “ said Normand Fluet, Oakfield Alabama Little League Supporter.  “As the cost of things like uniforms, equipment for the kids, dirt, clay and paint (to name a few) continue to increase, contributions like this allow us to limit how much more we have to ask parents for to continue the program!”

Photo by Alecia Kaus/Video News Service.

After presenting bid requests for election-related equipment Wednesday, Genesee County Board of Elections Commissioner Dick Siebert put on his personal hat. 

He wanted to clear the air about the relationship between him and former state senator George Maziarz. This past week Maziarz held a news conference to announce a lawsuit he has filed against Western Regional Off-Track Betting. In particular, Maziarz alleged that Batavia Downs and WROTB officials have engaged in "shameless and blatant corruption."

One of the allegations involved OTB members fraudulently obtaining perks, including health insurance, at the expense of taxpayers. Batavia Downs President and CEO Henry Wojtaszek defended the actions of both entities and said he believes that Maziarz is "just a bitter individual" who seems to have a vendetta against Batavia Downs and OTB. 

Likewise, Siebert, who has been a longtime leading member of OTB, wanted to have his say about Maziarz's motivation. 

"I'm just clearly here, I gotta say, and I'm gonna say this publicly, George Maziarz and I have not had a good rapport over the years," Siebert said during the Ways & Means Committee meeting. "When I was chairman, the one year George Maziarz approached me and he threatened me. If I didn't fire this particular guy ... he was a Democrat and George wanted somebody else ... I would never be chairman again.

"Well, I didn't fire him. He was definitely just upset because I would not support it. I understand being in the public eye that you're subjected to this kind of criticism ... I'm proud of what I've done for Genesee County. I'm happy to represent you. So I'm just getting this off my chest."

He recalled when Batavia Downs was in its early stages, and the parking lot and property were filled with seagulls and asbestos. All of that had to be cleaned up and new plans were put in place to create the gaming facility on Park Road, he said.

"I think we've done a great job."

Maziarz alleged that Siebert was involved in texting and/or emailing communications that involved misuse of company funds used for tickets to special events. Anyone who knows Siebert is also aware that he doesn't do such technology, he said. 

"The joke in my office was 'we know Dick didn't do that because Dick doesn't text.' My wife does all the acquisitions. She laughed. She said, 'What is he saying? You can't do emails.' Number one, I never emailed anybody about any tickets. I got accused of owing Genesee County taxpayers hundreds of thousands of dollars for the health insurance that I had taken for the 28 years I've been here," he said. "It's questionable right now and we're reviewing it. We've had, over the 28 years I've been here, we've had many comptrollers audits and not one of them raised an issue until just recently about the legality of it. So I had health insurance, and I'm not denying that I've had it, everybody else can have it." 

There have been prior audits with some negative findings, and OTB has made changes accordingly, Siebert has previously said. There was a lack of oversight of the distribution of sports and concert tickets and use of company vehicles, he said, and those mistakes have been corrected.

To read more about the Maziarz lawsuit, click here  

A former state senator with a history of illegal activity while in office has filed a lawsuit against Batavia Downs and its leadership alleging that officials have engaged in "shameless and blatant corruption."

The suit concentrates on previously investigated accusations that officials at Western OTB have misused tickets to sporting events and concerts and that Western Regional OTB has improperly provided lucrative health insurance coverage to appointed board members.

George Maziarz, who represented Niagara County in the State Senate from 1995 to 2014 and was once considered one of the most powerful men in Niagara County, expressed some frustration today that none of the allegations against Western OTB, and in particular against his former political ally, Batavia Downs President and CEO Henry Wojtaszek, have led to anything more than recommendations for changes in procedures.

"Quite frankly, I'm disappointed that the Attorney General and the United States Attorney, the FBI hasn't done anything yet," Maziarz said during a press conference outside the casino on Park Road. " I keep being told over and over again that they're working on it."

Wojtaszek said that nothing more has come of the allegations -- either because corrective action has been taken or the claims of wrongdoing are not as clear cut as Maziarz represents.

From Wojtaszek's point of view, Maziarz is engaged in a vendetta against Western OTB. He said Maziarz was fired as a lobbyist about eight years ago, was passed over for the CEO position, and Wojtaszek participated in investigations that eventually led to Maziarz's own public corruption conviction. 

"I think he's just a bitter individual," Wojtaszek said during an exclusive interview with The Batavian immediately following the press conference. "He has a vendetta against many individuals and the corporation itself. He's made complaints to every conceivable agency and regulatory body in New York State, and they've all turned down his requests to take action against OTB. They've all investigated and found that nothing was amiss here at Western Regional OTB.

"Whatever remedies or suggestions they had for us to improve our business, we follow them. We will continue to follow them and improve our organization. We hired Terry Connors to do an in-depth look at what was going on here at Batavia Downs. Terry is a well-respected individual within the legal community all across the state. We're very confident in his findings and his suggestions, and we've implemented his recommendations. We'll continue to work with him."

He said Batavia Downs has also hired a compliance company out of Buffalo, headed by a former FBI agent, to review its policies and procedures.

The Lawsuit
Attorneys for Maziarz filed the lawsuit in Niagara County on May 3.  It alleges that Wojtaszek and board members misused and manipulated programs meant to attract patrons to the Batavia Downs Casino by using for themselves tickets to sporting events and concerts. 

For example, according to records, the OTB purchased 5,800 high-end tickets to Buffalo Bills games, Sabers games, and concerts at Darien Lake, and 10 percent of those tickets, worth about $120,000, wound up in the hands of OTB officials and their friends and family members. 

The suit alleges tickets were freely handed out at board meetings and were even used to provide a board member's daughter with a birthday party.

The suit also alleges that Wojtaszek failed to correctly record and report his personal use of a vehicle provided to him by Western OTB.

Western OTB board members are also accused of receiving gold-plated health insurance coverage in violation of state law and contrary to recommendations in a Comptroller's Audit Report, and a report compiled by attorneys hired by Western OTB to review the matter.

The suit states that these actions amount to Wojtaszek and board members using Batavia Downs as a personal ATM to enrich themselves at taxpayer expense with no real public oversite of the agency's policies and procedures.  

"Over time, this almost honor system-like structure led to dishonor, cronyism, and shameless, blatant corruption," the suit states. "The corruption has been normalized, legitimized, and covered up by the Board and a bipartisan network of high-powered consultants and lobbyists hired by CEO Wojtaszek (again, with little oversight by the public) to prevent public scrutiny or reform."

The Response
In his interview today, Wojtaszek defended how Batavia Downs has handled tickets to events.

Batavia Downs acquires tickets as perks for high rollers and special guests, Wojtaszek said.  A host from Batavia Downs typically accompanies these guests to the events. The role of the host is to ensure things go smoothly, that people get their tickets, get into the venue, receive the service expected for the event, and the host takes care of any issues that arise.

"Previously, if you were host, we provided a ticket to the host and then the host was allowed to bring a guest with them," Wojtaszek said. "At that point, they may have brought somebody from a wife, a husband, a son, or a daughter with them. We have since corrected that. Subsequent to the recommendation from the compliance company, it's just a host who takes care of whatever event, hockey game, football game, concert, and I think we're doing it properly now."

He said that the accusation that board members could just casually ask for tickets to Bills or Sabers games at board meetings and receive them misrepresents what actually took place. He said anybody, including board members, could ask for tickets on behalf of patrons of Batavia Downs.  They were not, he said, asking for themselves and friends and family.  However, to help improve the procedure, all requests must now be in writing and clearly state who is receiving the tickets. 

According to the audit report Maziarz cites, Wojtaszek said, "there were thousands of tickets accounted for.  There are a few, 100 I believe, that aren't, which equates to a reasonable amount of money but don't forget, each one of those tickets went to a host to host the game."

As for tickets being used for a birthday party for the daughter of a board member, that never happened, Wojtaszek said.

As for the use of a company car, Wojtaszek said, yes, he failed to complete the proper paperwork to record his personal use of the vehicle, and at the board's instruction, he reimbursed Western OTB $3,000 to resolve the issue.  And yes, he is now receiving a transportation allowance -- Maziarz claims $7,000 -- but Western OTB was already in the process of eliminating agency-owned vehicles for staff when the issue came up.  Besides potential liability, a car allowance for executives is more in keeping with standard practices in the business sector, Wojtaszek said.

As for health insurance for board members, Western OTB has attorneys working on the issue.  The agency does not agree that board members can't receive health insurance coverage.  

While Maziarz says that the Comptroller's Office and a legal firm hired by Western OTB say the practice is illegal, the issue doesn't appear to be that cut and dry. There is an older Comptroller's opinion that says the practice is permissible.  The memo on the topic, prepared by attorneys Gabriel M. Nugent and Robert J. Thorpe for the board, cites the 1978 opinion as well as the later opinion and suggests board members no longer accept health insurance.  It doesn't, as Maziarz claims, call the practice illegal.  

Health insurance, Wojtaszek said, is justified because pretty much every other public benefit corporation in the state offers it, and Batavia Downs operates in a very competitive environment and needs to attract and retain the most qualified board members. 

"What the board does here is some extremely important work," Wojtaszek said. "It is a multi-100-million dollar company that has performed extremely well over the last three to five years and has returned record amounts of revenue to the municipalities that it serves.

"If you're in a business that is very competitive -- which Batavia Downs is -- we have other private-sector casinos that we have to compete with here," he added. "And, by the way, we compete extremely well with them. You need to attract top-level talent to have those people serve on the board. And that's what we have here today. We have many, many excellent board members who have excellent business backgrounds and who lend a great deal to make this organization work. We say the compensation should be set accordingly. This is a competitive industry. It's not like a water district or sewer district. That is a monopoly where there is no competition going on."

The Players
In 2018, Maziarz entered a guilty plea to a misdemeanor count of filing a false instrument and agreed to pay a $1,000 fine. He also admitted to hiding $95,000 in campaign payments to a former staff member accused of sexual harassment. He was initially charged with five felony election law violations. The investigation into Maziarz's activities began with the Morland Commission, which had been formed to investigate public corruption. 

Maziarz was also the subject of an FBI investigation. During the investigation, but before he was notified not to discard records, Maziarz reportedly had his staff shred campaign records going back to 1995.

During the press conference today, when asked about document shredding, he denied such shredding ever took place.

When asked today about his misdemeanor conviction, his first response was that Wojtaszek has one, too. Which is true.  Both convictions stem from the same Attorney General investigation.  Maziarz said both he and Wojtaszek received conditional discharges, which means the record is expunged if they avoid illegal activity for a specified period of time, usually six months.

Wojtaszek has been president and CEO of Western Regional OTB since 2016. Before that, he was the general council. He's been an attorney for 26 years and was active for years in Niagara County Republican politics, including a stint as chair of the county committee. He began his legal career as city attorney for North Tonawanda.

Wojtaszek said he and Maziarz once worked closely together.

Maziarz says the FBI is investigating Western OTB and Wojtaszek.  

In 2019, Batavia Downs officials denied there was such an investigation.  Today, Wojtaszek said the only knowledge he has of an investigation is the claim by Maziarz that a board member has been interviewed by the FBI.  He said he's aware of one other inquiry by the FBI in the past three years and that dealt with a contractor and the purchase of broadcast air time. In that case, the FBI was saying it was Batavia Downs that was getting ripped off.  Wojtaszek said FBI agents have never questioned him about anything related to Western OTB.

The lawsuit wasn't Maziarz's idea, Maziarz said.  He said after a story appeared in a New York Times publication, an attorney for Advocates for Justice contacted him and asked him to be the face of a lawsuit against Batavia Downs on behalf of taxpayers.

Maziarz, a man who admitted to public corruption, said Advocates for Justice specialize in fighting public corruption.

The lead attorney on the case is Arthur Z. Schwartz, the organization's president and founder.  Also signing the filing is Nathan McMurray, the former Delaware North attorney who unsuccessfully ran three times for a congressional seat in the NY-27, most notably losing to Chris Collins, then under indictment himself (he eventually entered a guilty plea) for insider trading. McMurray went to work for the law firm in November 2021.

As Wojtaszek noted, Maziarz has pursued corruption allegations against Western OTB for several years.

The Batavian obtained a copy of a deposition transcript from a confidential source related to a lawsuit filed by Michael Nolan, the former COO of the OTB, that reveals some of the connections between some of the players involved in the legal maneuvering and publicity-seeking of the principals.

Nolan's suit claims he was retaliated against for responding to FOIL requests from the media and others.  Wojtaszek said Batavia Downs has always been transparent and has always complained with the law on requests for public documents.

Nolan was the subject being deposed in the case in January 2021 when his attorney, Stephen Cohen, jumped in and attempted to clarify something his client had said. Cohen ended up talking at length about the connections between himself, Maziarz, and reporter Phil Gambini, who has doggedly pursued corruption allegations at Batavia Downs for several years.

In the deposition, Aaron Saykin, the Western OTB attorney in the case, attempted to uncover a possible connection between Nolan and Maziarz.  Cohen provided the opening because he tried to bill Batavia Downs for a phone conversation he had on behalf of his client with Maziarz.

Cohen said he did discuss Nolan's case with Maziarz but only in the service of trying to get more information from Maziarz that might assist his client's suit. He admitted that he knew Maziarz regularly spoke with Gambini and was likely the source of information that appeared in Gambini's stories about Batavia Downs.

Saykin's questions suggested that Saykin suspected Cohen of trying to plant stories with Gambini, including a March 29, 2019 story about the supposed FBI investigation.  Cohen deflects the questions and denies any interest in press coverage.

He said his only real interest was getting more information from Maziarz.

"I sought to get whatever I could out of Senator Maziarz," Cohen said according to the transcript.

Mr. Saykin: Because you knew he was pissed at Henry?

Mr. Cohen: Yes.

Mr. Saykin: And you knew he wanted to hurt Henry?

Mr. Cohen: Yes.

Photos by Howard Owens

During the first several minutes of the press conference this afternoon in the back parking lot of the former Kmart building, across the street from Batavia Downs, two Batavia Downs work trucks paraded up and down Park Road and through the parking lot (Park Road is undergoing reconstruction) and honked their horns, disrupting the press conference. Maziarz called the action sophomoric and evidence that Western OTB officials want to prevent the public from finding out what is going on at the facility. Batavia Downs President and CEO Henry Wojtaszek said when he found out what was going on with the trucks, he put a stop to it.