On November 18, 2020, the Genesee County Sheriff’s Office arrested Michael S. Tomaszewski, 48, of Batavia, being a funeral director at his business, Michael S. Tomaszewski Funeral & Cremation Chapel LLC, he allegedly held a deceased body of a person at this business for 264 days, from April 2018-January 2019, without burying or incinerating, therefore violating NYS Public Health Law, Section 4200, which calls for a deceased person to be buried within a reasonable time period.
Tomaszewski also allegedly, in regards to the same deceased person’s death certificate, filed a death certificate with a public office indicating that the deceased person was buried at a specified cemetery on a date, which they were not, therefore offering a false instrument for filing in violation of NYS Penal Law, Section 175.35, subdivision 1.
The investigation was initiated in January of 2019 after the Sheriff’s Office received a complaint from a family member of the deceased inquiring as to the whereabouts of the decedent’s remains.
The investigation has been ongoing. The decedent has since received a proper burial.
Tomaszewski was issued appearance tickets on both charges.
He will appear in the Town of Batavia Court on December 3, 2020 at 1:00p.m. to answer the violation of NYS Public Health Law, a misdemeanor.
He will appear in the Town of Oakfield Court on December 7, 2020 at 6:00p.m. to answer the offering a false instrument for filing 1st degree charge, a class E felony.
The Genesee County Sheriff’s Office was assisted in the investigation by the Genesee County Coroner’s Office, Monroe County Medical Examiner’s Office and the Genesee County District Attorney’s Office.