news

A 37-year-old man who once lived in Wyoming County and Erie County, and is already facing 13 years in federal prison on a sex crimes conviction, admitted on Friday in County Court to a rape at Darien Lake Theme Park in 2014.

Nicholas Brian Turnquist, who came into court in an orange Alleghany County Jail jumpsuit, accepted a plea offer that doesn't limit his potential prison sentence on the rape in the third-degree conviction but will allow him to serve the sentence at the same time he serves his sentence in federal prison.

A decade ago, Turnquist, who most recently lived in West Falls, reportedly engaged in sexual activity with a minor in multiple jurisdictions, including Genesee County, Wyoming County, Erie County, Pennsylvania and Canada.

He was indicted by a grand jury on counts of rape in the third degree, a Class E felony, and sexual abuse in the first degree, a Class D violent felony, in connection with a crime in Darien on Aug. 23, 2014.  He was arrested locally in 2020 following an investigation by Howard Carlson of the Genesee County Sheriff's Office.

He was also charged with predatory sexual assault of a child and second-degree rape in Wyoming County.  That case went to trial, but the charges were dismissed halfway through the trial based on conflicting statements made by the victim during her testimony.  The statements related to the timeline of events, which had bearing on her age -- and hence the nature of the criminal charges under New York's penal code -- at the time of the rapes.

The course of rapes involving a single victim started in 2012, when the victim was 14, according to prosecutors, and continue for at least two more years.

Turnquist was sentenced in federal court in November following his conviction for transportation and attempted transportation of a minor with the intent to engage in criminal sexual activity.  He will be on parole for 15 years following his federal prison term.

Robert L. Williams, found guilty in a jury trial of animal cruelty, will spend six months in jail followed by five years on probation, and during that time, he is to have no contact whatsoever with any animal, Judge Melissa Lightcap Cianfrini ruled on Friday.

"You, sir, are in need of significant supervision," Cianfrini said. "I don't trust you around animals." 

She told him, "no dog sitting" and that he wasn't even to go over to a neighbor's house "to pet the dogs."

The evidence presented at trial, recounted during Friday's hearing, is that Williams was at another person's house, and there were two dogs in crates there, and Williams poured bleach into the eyes of the dogs. 

Both dogs required medical treatment, and both dogs fully recovered, though Assistant District Attorney Robert Zickl noted, "there's no vision test for a dog."

Williams was convicted under New York's Ags and Market Law, and while the counts are felonies, the maximum sentence on each count is two years.  The terms could have been served consecutively.

Cianfrini said she struggled with the decision because what Williams did was reprehensible.  However, in another pending case, where dogs were left in cages to potentially die -- and one of them had to be euthanized -- the defendants accepted plea offers that could mean they avoid any jail time.

The sentence Cianfrini handed down, she said, "significantly punishes you and ensures society that you're not going to be around animals and will not own animals and not have contact with animals for a long time."

The dogs belonged to the girlfriend of a person Williams was living with at the time of the incident.  Williams paid $158 in restitution for veterinary bills.

Cianfrini also ordered Williams to undergo a mental health evaluation and abide by any recommendations for treatment.

Any deviation by Williams from the term of his probation, Cianfrini said, would carry harsh consequences.

Zickl argued for the maximum jail term -- and even though animal cruelty is a felony and carries a maximum of more than a year, the sentence cannot be served in prison -- because of the depraved nature of the crime. 

"His conduct was absolutely pointless and cruel," Zickl said.

Zickl said there is an incident report filed by Le Roy PD prior to this incident that also contained an allegation that Williams poured bleach into a dog's eyes.  In that case, the owner declined prosecution once the dog quickly recovered.

The ADA said Williams should be removed from the community for as long as possible.

Fred Rarick, representing Williams, called the Le Roy report "hearsay" and encouraged Cianfrini not to consider it in her decision.

He provided Cianfrini with about a dozen letters from community members in support of Williams that described Williams as a good person who treated animals well (which led to Zickl, when he next got an opportunity to speak, to say that if the Le Roy report was hearsay, so were the letters).

Rarick said his client, "accepts the verdict of the jury though he respectfully disagrees with the verdict," and while not discounting the harm done to the dogs, they did recover. 

His client, he said, sought a probationary sentence because he loves his daughter dearly and wants to be able to care for her.

"Given the opportunity, he has shown he has the ability to comply with any court orders," Rarick said. "The record shows he will do so and that he is an asset to other people."

When Williams addressed the court, he "respectfully" requested to be placed on probation, noting that he had no other criminal history, no domestic violence charges, that he's abided by the terms of court orders during his divorce proceedings, and that he wants to be able to continue to work so he can take care of his daughter.

At the end of the hearing, Williams was handcuffed and taken to the Genesee County Jail to begin his six-month term.

It's part of Notre Dame's mission statement for the students, faculty, and staff to help others, and Principal Wade Bianco said on Friday evening to see the school come together to raise $486 for The Chasing M's Foundation, a charity set up by Damar Hamlin.

Hamlin is a second-year defensive back with the Buffalo Bills who went into cardiac arrest during the Bills' game against the Bengals in Cincinnati on Monday night.

CPR was performed on Hamlin, and he was transported to a Cincinnati hospital, where he was initially listed in critical condition.  He is recovering well, according to news reports.

But his plight drew attention to his charity, and the folks at Notre Dame wanted to join forces, and express support for Hamlin, the Bills, and the community.

Kristen Gomez and Kate Edwards helped organize Friday's fundraiser, Bianco said.

It was "Wear Blue and Red Day."  For a $2 donation, students could ditch their school uniforms for the day and wear the colors of the Buffalo Bills.  Their donations were supplemented, Bianco said, by donations from faculty, staff, and alumni for usually more than $5 and $10 each.

There are currently 230 students enrolled at Notre Dame.

That afternoon, the whole school gathered and formed a #3 in honor of Hamlin for a school photo.

"The whole idea was to honor #3 and to honor Buffalo," Bianco said. "We wanted to say, 'we love you. We pray for you. And we're going to support you to the best of our ability.'"

Bianco said he was proud to see everybody come together and "do what's right."

"Doing what’s right is a big sell, especially nowadays, when a lot of people don’t want to do what’s right," Bianco said.

The $486 from Notre Dame is now part of more than $8 million that has been raised through Hamlin's GoFundMe page, with donations pouring in from all over the country.  The money is used for toy drives, back-to-school drives, kids camps, and more, according to a statement on the page. The 24-year-old player is from McKees Rocks, Pa.

"How fortunate we are to live in a community that cares about each other and extends our care beyond our city limits to the entire Western New York community," Bianco said.

Submitted photo.

Press Release:

The State University of New York at Fredonia has announced the appointment of David A. Stringham, Ph.D., as Dean of Fredonia’s renowned School of Music.

“The Fredonia School of Music has a long history of excellence, and Dr. Stringham brings experience that will continue that success,” said Executive Vice President and Provost David Starrett. “We were impressed by David’s vision for new programs that will only enhance the stellar student experience. I look forward to working with Dr. Stringham to continue moving the Fredonia School of Music forward.”

Dr. Stringham, who grew up in Corfu, most recently served as the Executive Director of the Office of Creative Propulsion at James Madison University. He has been a part of the School of Music and College of Visual and Performing Arts at James Madison University since 2010. In addition to being a full professor of music, Dr. Stringham co-founded JMU’s Center for Inclusive Music Engagement and served as its founding director. He was also the Assessment Coordinator for the School of Music, and the Director of Research, Entrepreneurship, and Engagement in the College of Visual and Performing Arts. His work has been supported through dozens of grants from such institutions as the Mid-Atlantic Arts Foundation, the National Endowment for the Arts, and the 4-VA Collaborative.

“I am honored to accept President Kolison’s invitation to serve as Dean of Fredonia’s School of Music,” Dr. Stringham said. “As a Western New York native, a student and colleague of Fredonia graduates, a former New York State public school music teacher, and a music teacher educator and researcher, I have long been keenly aware of and impressed by the Fredonia School of Music, its faculty, and its alumni. It is exciting and meaningful to join Fredonia’s School of Music as it seeks to build on its rich history and stellar reputation through self-examination and re-imagination. I look forward to working with Provost Starrett, Vice Provost Horowitz, and my new colleagues in the School of Music, across campus, and in the community, to help facilitate the School of Music’s next steps.”

Dr. Stringham received his Bachelor of Music (Music Education), Master of Music (Music Education), and Doctor of Philosophy (Music Education) from the University of Rochester.

Dr. Stringham will begin his role at SUNY Fredonia during the spring semester.

Photo of Dr. David A. Stringham by Cody Troyer

While gathered around a table in the middle of the mall concourse Thursday, a group of stakeholders reminisced about the “hits and misses” during an impromptu mall market for several Saturdays last fall.

The group was led by Tammy Hathaway, director of Batavia Development Corporation, who had surveyed participants for feedback about how the market went in a first-time trial run.

“What a great group of people, it's the right group of people to assess that small little field test of using the City Centre concourse, as a little bit of momentum, like a market vendor space. We had fantastic feedback, and it was positive,” Hathaway said. “We want hits and misses, so that we can make it better, and everyone wants to move forward."

She appreciated their honesty about the critiques, and also about the one unanimous sentiment, Hathaway said.

“Every single one of them enjoyed being in here,” she said.

Issues to be worked out include pricing — which vendors said was too high at $40 per day — and the market’s hours of 8:30 to 11 a.m.

“Batavia doesn’t wake up until 10 a.m.,” vendor Adam Garner said.

Garner, a fifth generation member of Garner Farms of Le Roy, has participated in other markets in Le Roy and Rochester, and offered his perspective about what seems to work elsewhere.

Garner Farms was a regular at Batavia’s mall market with heritage pork and chicken products, and he looks forward to continuing to be part of it.

“Overall, it was good. There were weeks that were slow, but weeks, there's weeks that were above, that we had a lot more people than I expected. We’re hoping to get to expand as we have more people coming in here,” he said. “So we have an indoor market. There's nothing around here. The only indoor market I know is down in Ithaca. So we do Le Roy farmers market. We're looking into doing a couple in Rochester. I do one in the South Wedge. And then we do vendor events that we do in Le Roy. Our farm began in 1932 and it will be 100 years old.”

The group discussed moving the hours so they would linger into the early afternoon, say from 10:30 a.m. to around 1:30 p.m. Hathaway received a lot of feedback that a majority of vendors thought the total hours should be capped at three hours, with a rationale of preferring to make $150 in three hours versus $175 in four.

City maintenance worker Tom Phelps said that the mall facility used to be open to 2 p.m., and that was eventually reduced to not being open at all on Saturdays during COVID season, and now is back to being open to noon.

Other areas of consideration involve requiring vendors to have insurance coverage, making access easier for vendors with larger or bulky items, including some type of coffee station, how best to promote the event, and making it a family-friendly market with rotating activities and themes.

The general consensus of group members Loretta Delpriore of Batavia Stagecoach Florist, Katie Hobbs of Genesee County Chamber of Commerce, Garner, Phelps, Pat Burk of Theater 56 and Hathaway was to resume the market on Feb. 4 with a focus on Valentine’s Day, and integrate themes from there onward. Hobbs manages a market for the village of Corfu and offered ideas to include kids in these events as well.

“So we created a very large to do-list of items to make this move forward. And it's great to have participants, everyone who sat at this meeting today participated in the meeting, and has the same passion for seeing this building full of life,” Hathaway said. “The goal is February 4 to reinstate the Saturday mall market and have revised hours and make it totally revised.

“I think we'll definitely go to mid to end of May,” she said. “So we'll have a little bit of time to let everybody breathe, regroup and everything before the outdoor farmers market begins.”

Photo of Tammy Hathaway of Batavia Development Corporation, left, Loretta Delpriore of Batavia Stagecoach Florist, Pat Burk of Theater 56, Katie Hobbs of Genesee County Chamber of Commerce, Adam Garner of Garner Farms and city maintenance staff Tom Phelps evaluate last year's Saturday mall market in an effort to move forward with the concept beginning Feb. 4. Photo by Joanne Beck. 

Press release:

Senator George Borrello was sworn in as the representative of the 57th State Senate District on Wednesday, Jan. 4. The ceremony took place in the Senate Chamber just prior to the official start of the 2023 Legislative Session.  

“It is a tremendous privilege to have the opportunity to represent and serve the residents of the 57th Senate District and to continue my work on behalf of the betterment of our state. Going into this new session, my priorities are centered around making New York State safer, more affordable and more supportive of its job creators,” said Senator Borrello. “I also am excited about representing the residents of Genesee and Wyoming counties, who are now part of the newly expanded 57th District.  

The boundaries of the newly drawn district include Cattaraugus, Chautauqua, Genesee, Wyoming and the western half of Allegany County. The district is one of the largest in the state, spanning approximately 4,500 square miles.  

Senator Borrello also announced that he will continue serving as the Ranking Member on the Agriculture Committee, a role he first assumed in July 2020. He will also continue serving as the Ranking Member on the Banks Committee and as a member of the Finance Committee. Additionally, he was appointed as a new member of the following committees: Commerce, Economic Development and Small Business; Elections; Housing, and Insurance.  

“I appreciate the opportunity to continue my instrumental role on the Agriculture Committee at this pivotal time for our farmers and agribusinesses. The new overtime mandates approved by the Labor Commissioner in 2022 are poised to present a whole new set of challenges to this industry and multi-generational farm families. Our fight against these changes was one of the most intense efforts of the past two years. Now that they are set to take effect, we need to take steps to mitigate the impact or we will lose more of our family farms,” said Sen. Borrello.  

“I also look forward to bringing my perspective as a small business owner to the Commerce, Economic Development and Small Business Committee. The pandemic response created many challenges for employers that continue to persist. The most critical of these is the billions in unemployment insurance debt owed by the state to the federal government. Currently, small businesses are being forced to shoulder the burden of repaying the debt and replenishing the fund, which is unacceptable,” said Sen. Borrello.  

“There are so many important issues facing our state right now, which I look forward to addressing in all of the key committees I’ve been appointed to. I am grateful to Leader Ortt for entrusting me with these responsibilities and opportunities to shape the legislative agenda in Albany.”  

If you’re in the market for an apartment later this year, but can’t afford a market rate, Ellicott Station may be the answer.

The Ellicott Street apartment complex has been taking names, Batavia Development Corporation Director Tammy Hathaway says.

A project that began last fall on the south side of Batavia, the 55-unit complex is expected to be ready for occupants by summer of this year, she said.

“There is an income qualification,” Hathaway said Tuesday. “People can go to ellicottstation.com and sign up.”

When the time comes that apartments are finalized, Savarino’s management will review the list and contact potential tenants, Hathaway said.

Once thoought to be more upper scale market rate rentals, the 55 units are considered “affordable housing,” 52 of which come with a balcony and nine with Americans with Disabilities Act mobility units. Units also are equipped with laundry amenities, and the complex has an elevator, community room, bicycle storage, covered off-street parking, and a playground, according to the website.

During the time of groundbreaking later last year, CEO Sam Savarino of Savarino Companies said that “It’s difficult for people to afford housing, and then there’s a shortage of quality, affordable housing.”

“In any event, the market study showed that there was a top end of the market that people could afford to pay in this area, otherwise, it wouldn’t be successful,” he said.

Abatement, demolition of two dilapidated buildings, land remediation, reconstruction of public storm drainage infrastructure, and construction of a 55-unit apartment building was — and still is — on the way toward a summer 2023 completion. The $22.5 million project site is to also offer adaptive reuse of the building to be used as a brewery, restaurant and/or events facility, plus improvements made to a public ‘Rails to Trails’ walking trail.

Workers have been busy constructing the four-story apartment complex, and it has been exciting to see the progress, Hathaway said.

“It’s a gorgeous building,” she said last fall during a tour of the defunct Della Penna site that’s part of the project.

The total apartment project cost is $20.7 million for 74,000 gross square feet, four stories, 55 units, 52 balcony units, nine units meeting Americans with Disabilities Act requirements, 37 garage parking spaces and 44 surface parking spaces.

Defined as “workforce housing,” with one and two-bedroom units, the Ellicott Street complex will most likely attract people earning about $20 an hour or below, otherwise deemed as affordable housing.

The project is part of Batavia’s Downtown Revitalization initiative and is located within a state-designated Brownfield Opportunity Area, which requires abatements and remediation from prior use of toxic materials on the property.

Top Photo of the current Ellicott Station project in Batavia, by Howard Owens; and file photo of the groundbreaking by Howard Owens. Bottom two photos also from today of construction by Howard Owens.

City officials are getting off to a good start in the new year with news of receiving $2.5 million to go toward a new police station for downtown Batavia.

The much debated station — whether to renovate the current site at Brisbane Mansion on Main Street or build anew — was finalized with a City Council vote in 2021, and designs have been in progress ever since.

Toward the end of 2022, City Manager Rachael Tabelski had spoken with high hopes of receiving funding as part of a federal omnibus legislation, which came through and was announced Thursday.

“We are grateful for the support from Senator Chuck Schumer and former Congressman Christopher Jacobs for advocating on behalf of our efforts to secure this critically important funding for a new police headquarters,” Tabelski said in a press release issued Thursday. “They both understood how important this funding was to our efforts to build a modern and welcoming facility that will be an integral part of community.”

The money will go toward the estimated cost of up to $15 million for new police headquarters and community complex to be constructed on Bank Street and Alva Place.

City Council President Eugene Jankowski Jr. was also thankful for the financial assistance and local support.

“As a retired Batavia Police Lieutenant I’m keenly aware of the importance of replacing the outdated 1850’s era police building with a modern purpose built police facility,” Jankowsk said. “The new building will be a huge asset to our police force and help them to better serve the members of our community.  Thank you to Senator Chuck Schumer and former Congressman Chris Jacobs for supporting the City of Batavia and our Police Department.”

The City estimates that the cost to build a new police department will be approximately $13 to $15 million. The 19,000 square-foot facility will be constructed on city owned property on and would provide connectivity and enhance the area between City Centre and the emerging Medical Campus.

Once completed, there would be 115 public parking spots available in nearby lots, in addition to free public parking on surrounding streets to serve the needs of existing businesses on Washington, Alva and State Streets.

“The current police headquarters was constructed in 1855 as a private residence and is out of date and inefficiently suited for a modern-day police department to properly serve the community,” Batavia Police Chief Shawn Heubusch said. “We want a new facility that people from the community feel welcomed, and provide space for more engagement with the residents we serve.”

As for the current city police station, Batavia Development Corporation Director Tammy Hathaway will be working with architectural firm In.Site: Architecture of Perry to conduct a feasibility study "to determine a best use for the building," she said.

A $20,000 grant will go toward the cost of the study, Hathaway said, and Rick Hauser of In.Site will be able to merge information from prior studies for this project. A former police station task force had authorized building studies for renovating the current site compared to building a new facility elsewhere.

For most recent coverage of the station's progress, go HERE.

Rendering of the new police station at Bank Street and Alva Place in downtown Batavia provided by City of Batavia.

As it can go with large construction projects, the new county jail’s price tag is to ring in the new year with ka-ching and an estimated $80,000 of additional work needed for exterior insulation.

Genesee County Highway Superintendent and senior Engineer Tim Hens outlined the problem during Wednesday’s Ways and Means meeting. A six-inch gap at the top of a foundational area was discovered by architects and engineers that, as it stands, would not meet code, he said.

“It’s a very difficult construction detail,” he said. “Cold air would not be coming in, but the concrete would conduct the cold. Two to three feet of that floor would feel really frozen.”

The suggested remedy is to glue stainless steel flashing all the way around four precast pods.

“That does solve the problem. If they can do it before the precast units are installed, it’s easier,” Hens said. “The quicker we can get the go-ahead, the cheaper it will be for us.”

Assistant Engineer Laura Wadhams added that there will be people “out in the field” to ensure that the work is done in as timely and financially efficient way possible and that it may be less than the $80,000 capped estimate.

With the backing of her committee, Genesee County Legislature Chairwoman Rochelle Stein authorized a time and material change order with a cost not to exceed $80,000.00 for LeChase Construction, for costs related to additional insulation installation and protective flashing around the base of all pod areas for the new Genesee County Jail.

The total amount of the final change order will be determined in the field, with documented time and receipts for materials. The cost of the change order is not to exceed $80,000, per the resolution.

To follow progress on the jail project, go to the county's Jail Updates page. 

2022 File Photo of the early stages of the $70 million Genesee County Jail project on Route 5 in the Town of Batavia, by Howard Owens.

Press release:

Officials from Batavia Downs Gaming & Hotel formally closed the books on a record-breaking 2022.  Credits played topped $1 Billion for the first time ever.  Net win totaled just over $76 Million Dollars.  That was up 14.5 percent or $9.63 Million over 2021’s numbers.   Surcharge & Earnings to be distributed to member municipalities are projected to total $9.2 Million, with earnings projected to be $8.6 Million, a record amount since the Corporation’s inception in 1974.  This is an increase of 48 percent over the 2021 Surcharge & Earnings distributions to member municipalities of $5.8 Million.

Batavia Downs Gaming contributed $37.25 Million to State Education via the New York State Lottery.  This number was also a record, beating 2021’s number of $32.55 Million by $4.7 Million.

The Hotel at Batavia Downs, which was purchased by the corporation in the spring of 2021, has generated projected bottom-line revenues to the Corporation of $675,000.  The occupancy rate for the hotel was 78%, beating out last year's rate of 61 percent.

Batavia Downs’ Food and Beverage outlets generated projected bottom-line revenues to the Corporation of $1.2 Million, a new record.  Several improvements to Fortune’s Steakhouse and a rebranding of the Homestretch Grill provided guests of Batavia Downs with new options when dining onsite.

“We are very encouraged by all we’ve accomplished in 2022,” said Jacquelyne Leach, Chief Financial Officer for Western OTB/Batavia Downs.  “Our total distributions to municipalities are projected to be $9.2 Million, bringing our total since our inception in 1974 to $251 Million. At a tax rate of 49%, almost half of the money generated at Batavia Downs goes to NYS to help fund the State Education Budget.  We’re proud to have given the highest amount we’ve ever had back to the citizens of New York.”

“These numbers showcase the positive direction of our facility, “said Henry Wojtaszek, President and CEO of Batavia Downs.  “In the post-Covid economy, we have begun adding events and expanding our promotions.  By utilizing our onsite hotel and improving our food and beverage offerings, we have made Batavia Downs an entertainment destination.”

“With our Summer Concert Series, Harness Racing Dates and marquee promotions all in the upcoming months, we’re looking forward to contributing more to our member municipalities and the State Education Fund this year, “ Wojtaszek continued.

Batavia Downs had their three busiest days of all time, with each day reaching over $5 million in credits played.  Several record weeks topped $24 Million in credits played.

In a separate table listing county-by-county distribution, Batavia Downs reported a projected distribution to Genesee County of $194,821, bringing the total distribution since 1974 to $12,911,504.

Photo: File photo by Howard Owens

Raul S. Cruz is indicted on two counts of promoting prison contraband in the first degree, a Class D felony, and one count of promoting prison contraband in the second degree, a Class A misdemeanor. Cruz is accused of possessing dangerous prison contraband, a shank, while incarcerated at the Genesee County Jail on Oct.  14.  He is also accused of a long plastic housing for a Bic-type pen.

name redacted upon request is indicted on counts of aggravated unlicensed operation in the first degree, a Class E felony, and DWI. Klauck is accused of driving a 2001 Toyota on July 31 in the Town of Stafford while holding a conditional license. She is accused of being intoxicated while driving.

Press release:

Join the Richmond Memorial Library on Wednesday, Jan. 18, at 7 p.m. for an intriguing virtual program from art historian Mallory Mortillaro. Watch from home on Zoom or screen the virtual program in person at the library!

While cataloging the artwork housed inside of the Hartley Dodge Memorial, Mallory uncovered a masterpiece that had been lost to the art world since the 1930s.  After a year of research, the piece was authenticated as an official work by Auguste Rodin. Mallory will share the story of how a simple art cataloging project evolved into a search for a mysterious piece’s provenance and became one of the biggest art finds in recent history.

To watch from home on Zoom, visit batavialibrary.org/calendar. You must be registered to receive the Zoom link. To watch in person at the library, visit the circulation desk or call 585-343-9550.

Mallory Mortillaro is an art historian and educator.  She has ten years of teaching experience, and has worked on various art research projects for museums and organizations in the New York metropolitan area.  She studied at Drew University.  Mallory resides in New Jersey with her husband.

Press release:

Assemblyman Steve Hawley (R, C - Batavia) has been re-appointed as deputy minority leader of the New York State Assembly. Hawley has served in a leadership role with the Assembly Republican Conference for many years following his first election in 2006. He will continue the fight for lower taxes on the middle class as well as a new moratorium of no state tax on gasoline and home fuel.

Hawley will also serve as a member of the following committees:

• Agriculture Committee
• Insurance Committee
• Rules Committee
• Veteran Affairs Committee
• Ways and Means Committee

“I am proud and grateful to once again hold a leadership position within the Assembly Republican Conference,” Hawley said. “I would like to thank Minority Leader Will Barclay for entrusting me with this responsibility. There are many issues I hope to solve during this upcoming legislative session, and affordability is at the top of my list.”

Press release:

The Holland Land Office Museum is proud to announce the winners of the People’s Choice and Director’s Choice awards for the 21^st Annual Wonderland of Trees decorated trees. The winner of the People’s Choice Award is the Stafford Garden Club, and the winner of the Director’s Choice Award is WBTA AM & FM (top photo). We would like to congratulate our winners, and thank everyone who participated this year. We had more trees this year than in recent years, and they were all so beautifully done that the choices were very difficult. Also, thank you to everyone who donated towards the event, and all who came to see the wonderfully decorated trees.

Press release:

The Holland Land Office Museum is proud to announce its next Trivia Night at the Museum on Thursday, Jan. 12, at 7 p.m. This month’s topic is “Ellis Island”. Admission is $5 or $3 for museum members. If you would like to attend, please contact the museum at (585) 343-4727 or hollandlandoffice@gmail.com.

The Holland Land Office Museum is proud to announce its next Guest Speaker Series on Wednesday, Jan. 18, at 7 p.m. Kevin Pawlak will present on “Western New Yorkers on America’s Bloodiest Day.” Admission is $5 or $3 for museum members.

“New York State contributed more soldiers to the United States Army at the Battle of Antietam than any other state. Western New Yorkers fought in many of the well-known places on the Antietam battlefield, from the Cornfield to the Bloody Lane to the Burnside Bridge. Learn about the stories of some of these local soldiers during the bloodiest single day in American military history.”

Kevin Pawlak is a Historic Site Manager for Prince William County’s Office of Historic Preservation. He also works as a Certified Battlefield Guide at Antietam National Battlefield and Harpers Ferry National Historical Park. Kevin is the author of numerous articles and is the author of five books on the American Civil War.

Admission is $5 or $3 for museum members. If you would like to attend, please contact the museum at (585) 343-4727 or hollandlandoffice@gmail.com.

Press release:

The Batavia Police Department has recently been investigating a plethora of larcenies from vehicles in the city.

These thefts have been occurring mainly in the overnight hours, and from (unfortunately) unlocked motor vehicles.

Patrols remain vigilant in the overnight hours, and we are asking for assistance from the public to reduce these incidents.

Please remember:

• ALWAYS lock your car doors.
• Leave exterior lighting on if possible.
• ALWAYS lock your car doors.
• Remove valuables from your vehicle.
• ALWAYS lock your car doors.

Theft prevention starts with you, and it begins before you even leave your vehicle.

As always, if you notice anything suspicious around your property, please do not hesitate to contact the police department at (585) 345-6350.

I forgot to post this on Jan. 1, but here are the ten most viewed stories on The Batavian in 2022.

• Actor and business owner Wendy Williams passes, press release
• Ground shifts under Pembroke family home, forced to evacuate with help of volunteer firefighters, by Howard Owens
• Homicide investigation underway at dairy farm in Alexander, by Howard Owens
• U of R Medical Center to temporarily halt services in Batavia, by Joanne Beck
• Batavia man wins $1 million with lottery scratcher, press release
• Genesee County travel ban to be partially lifted at noon, press release
• With an agreement to buy O'Lacy's in hand, Christiano promises continuation of the Irish pub theme, by Mike Pettinella
• Pavilion campground venture merges entrepreneurship with family values, by Joanne Beck
• Citizen alerts police to suspicious activity, two men accused of trying to steal heavy equipment, by Howard Owens
• Genesee County declares State of Emergency, institutes travel ban, press release

The Batavian was visited by users more than 5.7 million times in 2022, and the site received 9,639,357 page views.  

Thank you for your continued support of The Batavian.

A Buffalo-based attorney who has represented local residents in criminal cases, including a former Batavia High School basketball star he helped win acquittal in a jury trial, has been suspended from practicing law for three years.

Frank T. Housh was suspended by the Fourth Judicial Department of New York for misconduct, mishandling of client funds, neglecting clients, and engaging in conduct involving dishonesty and deceit.  

All of the cases involve clients retained in civil matters, not criminal cases, and the clients are not identified in the court's written, seven-page ruling (pdf), so it's unclear where the clients may reside.

Attempts to contact Housh for comment were unsuccessful.

The cases involving misconduct go as far back as 2015 and include misuse of retainer payments, failure to inform clients of case progress, not following through on promises to clients, including not filing cases against defendants, and even apparently falling for another party's attempt to fraudulently obtain a client's lawsuit settlement funds.

The court found, among other findings, that Housh: 

• In July 2017, he took a $2,500 retainer and co-mingled it with his law firm's operating funds and did not file the complaint as promised, and then tried to bill the client for additional hours;
• In January 2016, took a $2,500 retainer and co-mingled the funds, then failed to consult with the client on the case and failed to follow through on the case;
• In August 2015, took funds and did not communicate adequately with the client or follow through on the case;
• In February 2017, he was retained in a case where a child had been suspended from school for 35 days and then did not communicate with the client or follow through on efforts to reduce the suspension until after the 35 days had passed and then promised to take further legal proceedings but did not;
• In March 2016, he agreed to represent a family in a bullying case and then failed to respond to his client's numerous inquiries about the case and later led the client to believe a lawsuit and been filed, but he did not file a lawsuit;
• In June 2016, he agreed to assist parents with a special needs child, but after getting no help from Housh, the family obtained its own educational support;
• The oddest assertion is that Housh transferred $137,800 of settlement funds to an LLC without confirming the LLC was associated with his client.

Housh was suspended following a legal process that began with a Grievance Committee receiving multiple complaints about the attorney's conduct.  The committee filed a petition with the court outlining 10 complaints, which Housh denied. The court appointed a referee to investigate and hold a hearing, but then the parties agreed on a stipulation upholding many of the factual allegations.  The hearing focused on unresolved issues and Housh's assertion -- the potential mitigating factor of his conduct -- that he suffered from mental health issues during this period.

The referee concluded that any mental health issues were unrelated to the misconduct and that Housh did not act with "venal intent." 

The court disagreed with the referee's conclusion as to the attorney's intent.

 The ruling concludes:

Indeed, although we commend respondent (Housh) for seeking mental health treatment, we agree with the Referee that respondent failed to establish that the misconduct at issue in this case was caused by mental health issues. We disaffirm, however, the Referee’s advisory finding that respondent did not act with venal intent inasmuch as the record establishes that respondent engaged in an extensive course of misconduct that resulted in harm or prejudice to several clients and that was, at times, deceitful and knowingly in favor of respondent’s personal interests at the expense of the interests of his clients and his professional obligations as a lawyer. We further agree with the Referee’s finding that, during respondent’s hearing testimony, respondent often became evasive when questioned about circumstances surrounding the alleged misconduct and his own culpability for the misconduct, which in our view, demonstrates respondent’s lack of remorse or inability to acknowledge the extent of his wrongdoing.

Housh represented Antwan Odom, of Batavia, in 2019 after Odom, then 18, was charged with attempted assault, and criminal possession of a weapon, 4th following a dispute with a former teammate.

Odom was acquitted in a trial that was as colorful as Housh's singular sartorial style. Housh frequently clashed with then-District Attorney Lawrence Friedman, even seeking to have Friedman disqualified from prosecuting the case. Housh's potentially prejudicial statements to reporters early in the case led to then-Judge Charles Zambito instituting a gag order, which The Batavian successfully challenged.

The two attorneys also tangled during jury selection, and then, on another occasion, Housh suggested Friedman was involved in inappropriate communications with the judge.

Housh was representing criminal defendants in Genesee County just prior to his suspension. The Batavian does not have information immediately available on those cases.

Photo: File photo of Frank Housh by Howard Owens

Jim Owen enjoyed a milkshake Tuesday morning and asked The Batavian to take his picture during her visit to see him at Crossroads House.

Owen is no typical City of Batavia resident, and taking his picture has become commonplace amongst local media during special events. So commonplace, in fact, that when he saw a second volunteer, he wanted a picture taken with her as well. 

Crowned the Mayor of Redfield Parkway by City Council for his longtime civic and neighborly involvement in the community, Owen has been fighting his most important battle this year: esophageal cancer.

His temporary residency at United Memorial Medical Center brought many visitors to his room, and the flow of people has not stopped at the Liberty Street comfort care home that he moved into more recently. It has been so busy with well-wishers that it has, at times, been hard to keep up with the continuous traffic.

Crossroads staff and friends have been maintaining his online presence and posting updates. This was the latest one:

“Update on Jim, and a reminder from the Crossroads staff. Jim is still resting and being well taken care of at Crossroads House. Visitors are still welcome and very much appreciated; however, we want everyone to know that Jim has grown somewhat more confused over the last several days.  The staff feels that the visitors Jim receives are comforting and beneficial to him, but asked us to remind everyone to keep the visits to no more than 15 to 30 minutes in length so he can get his rest.

Again, please do not let this message discourage anyone from coming to visit, but just be advised of the Crossroads House staff wishes which they feel are best for Jim. Thank you, and we will keep you informed of any changes or news.”

Likewise, people have responded with likes, hearts, care emojis and fond messages of encouragement. Visitors may also sign a guest registry and offer words of comfort to Jim, who, despite seeming tired, still has his sense of humor and kindness intact.

During Tuesday’s visit, he said that volunteer Julie Mancuso lives on his street. He then corrected himself to say that “I live on her street.” And as they discussed which street was the best in the city, he gave a thoughtful pause and rephrased it all together.

“The best street is the street you live on,” he said.

He knew this reporter and The Batavian’s publisher — who he refers to as his adopted brother. (Jim’s last name is Owen versus Howard Owens.)

When many people in his situation would be thinking about things they missed out on in life, Jim talked about how he wanted to do more for the community during Tuesday's visit, Owens said. 

"He said he always tried to treat people well because 'when you feel good about yourself, you do good things. You make a contribution,'" Owens said. "He said he would like to see a scholarship set up to help people with his disease. Jim Owen has spent his life trying to teach us all to be better human beings, and even now, he's still trying to spread that message."

Jim seems to be absorbed in wanting to help people, help the community, and perhaps even help the world in some way. He described himself as just a pin or cog in the wheel of life, but if he can make at least one person happy, he has accomplished something.

Jim Owen, you have done far more than that. You have reached out to neighbors and friends, shared tidbits of Batavia and Owen family history, garnered support for the naming of the BHS auditorium after your late father Frank E., fought for the restoration of Redfield’s well-known pillars that have served as guideposts to the VA Medical Center, and greeted, supported, chatted with and smiled upon countless folks during your longtime commitment to Batavia and its citizens.

That’s not only worthy of a milkshake and a photo, but also a grateful nod of thanks from your friends and community members.

Mission accomplished.

Top photo of city resident and Mayor of Redfield Parkway Jim  Owen enjoying a milkshake with volunteer Cathy Winding Tuesday at Crossroads House in Batavia; and above, also with volunteer Gail Wysko. Photos by Joanne Beck.

As the Western New York weather rollercoaster continues its ride — with predictions of another blizzard looming for next weekend — it would be nice to have something to look forward to.

And downtown Batavia’s Business Improvement District has the answer, Executive Director Shannon Maute says.

Febrewary.

“It’s a chill event,” Maute said Tuesday, no pun intended. “People are out and enjoying themselves … there’s something for everybody.”

The event, set for 5 to 8 p.m. Feb. 25, was just picking up steam for a few years when COVID hit and it was derailed in 2021, resuming the crafty beer fun walk last year.

A close replica to the BID’s popular fall wine walk, Febrewary features tastings — 21 stops are planned this year — at various downtown merchants, many of which will have specials, drawings, and giveaways, Maute said.

She is still lining up the lead performers, but 810 Meadworks of Medina, Windy Brew from Sheldon and OSB Ciderworks from Buffalo have been confirmed. Not familiar with a mead? This libation is made with honey, and dates back to Biblical times as “probably the first fermented beverage,” the company’s website states.

“More versatile than liquor, wine, or beer, mead can taste like a refreshing summer shandy, a hoppy IPA, a full-bodied Cabernet, or a fine dessert wine,” it states.

Windy Brew is a Wyoming County-based brewery of craft beers, and OSB’s lineup of ciders will be featuring anything from the crispy bite of homegrown concord grapes from along the Finger Lakes, and Intergalactic Raspberry combined with hibiscus flower, to the Scotch Bonnet Bomber, described as “apple forward with a throat chop of spicy.”

Of course, brewmasters such as Eli Fish of Batavia are also expected to participate, as Maute is seeking out a sour, Belgian witbier, stout, lager and other varieties of craft brew.

Maute was interim director of BID when this February event came up as her first official one, and it has been a favorite ever since, she said.

“It’s an event I like, people are just having fun,” Maute said.

General admission tickets are $30 and include a collectible snifter glass, snacks along the way, raffles and giveaways and tastings. VIP tickets are $40 and include all of the regular features plus an extra hour, from 4 to 8 p.m., an exclusive tasting and a food station.

Designated drivers will be able to partake of the specials, raffles, snacks and non-alcoholic tastings for $10.

“A lot of people were happy with the way it was at the wine walk (for DD’s),” Maute said. “They will be able to do everything, except for the tastings.”

There will be a total of 600 tickets, and 25 for designated drivers. They may be purchased at Event Brite, and there will be a limited number of paper tickets available at Adam Miller Toy & Bicycle shop on Center Street and Yngodess on Main Street, Batavia. For more information, go to BID Febrewary. 

Top two photos of 2022's event by Howard Owens. Photo above submitted by Shannon Maute.