A former Batavia funeral home director accepted a plea deal in Genesee County Court on Tuesday afternoon.
Michael S. Tomaszewski, 49, of Batavia pleaded guilty to one count of grand larceny 3rd degree, a class D felony, one count of scheme to defraud 1st, a class E felony, one count of offering a false instrument for filing 1st, a class E felony, and violating the NYS Public Health Law Section 4200, which calls for the timely burial of the deceased.
Tomaszewski will pay restitution to each victim. The total amount was not disclosed in virtual court as Assistant DA Kaitlynn Schmit did not have an exact amount. Some have received restitution and some have not.
Tomaszewski admitted to stealing in excess of $3,000, on January 15, 2016, $7,063.62. He also admitted to engaging in a scheme to defraud to obtain property from 10 or more persons under false pretenses in Genesee County. On April 26, 2018 in Oakfield, Tomaszewski pleaded guilty to offering a false instrument for filing as he knowingly certified false information. Lastly, Tomaszewski pleaded guilty to violating NYS Public Health Law when he failed to bury a person in a reasonable time period, and held a deceased body at his business on West Main street for 264 days, from April 27, 2018- January 4, 2019.
Tomaszewski originally faced over 200 counts when the Genesee County Sheriff’s Office released information on the investigation in July of 2020.
Last month, Attorney Thomas Burns relayed that his client had disclosed that the remains of another person was located in Tomaszewski’s former funeral home on West Main street in the Town of Batavia. The Sheriff’s Office will reportedly be filing a misdemeanor charge in that case. The DA’s Office is willing to accept a plea in that untimely burial after a court appearance in a local court.
The charges will run concurrent and Tomaszewski could face 1 1/3 to 7 years on the grand larceny 3rd charge when he is sentenced on July 13, 2021 at 1:30p.m. in Genesee County Court.
UPDATE:
After the posting of this story late this afternoon, the Sheriff’s Office released the below information:
Michael S. Tomaszewski, 49, of Edgewood Dr., Batavia, is charged with violating the NYS Public Health Law, Section 4200/duty to bury, after allegedly not burying a body of a deceased person within a reasonable amount of time.
The Sheriff’s Office received information provided by Tomaszewski and his attorney regarding a deceased person that was located at 4120 W. Main street in the Town of Batavia on March 16, 2021. The deceased person had died on September 10, 2019 and had been in the care of the Michael S. Tomaszewski Funeral and Cremation Chapel until March 16, 2021 when the Sheriff’s Office was contacted.
The body of the deceased has since been removed and was buried. Tomaszewski was issued an appearance ticket and will appear in the Town of Batavia Court on April 26, 2021 at 10:00a.m.