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Sentencing pushed back for Batavia funeral director

Michael Tomaszewski had originally faced more than 200 counts related to stealing money from customers and not delivering the services they paid for.

BUFFALO, N.Y. — A Batavia funeral director who pleaded guilty to grand larceny and fraud charges was supposed to be sentenced on Wednesday, but that has been pushed back to next month.

Michael Tomaszewski had originally faced more than 200 counts related to stealing money from customers and not delivering the services they paid for.

Earlier this year he took a plea deal to three different charges, as well as a violation of a state health law involving the timely burial of the dead.

Families affected by the crimes say they are frustrated that the court pushed back his sentencing after he asked to change attorneys.

"They came in, and I figured the same thing would happen," Harry Tyson said. "It's just going to be dragged out. Next time we come, it will be something different, dragged out. I guess he's doing his job as a lawyer, but we would like to see it wrapped up and get it over with."

Asked if he was frustrated that it's taking so long, Tyson replied, "Yes."

Tomaszewski could get several years in prison and be ordered to pay restitution when he's sentenced on December 7.

Tomaszewski was arrested in July of 2020 for allegedly taking money from 93 customers and not putting it into trust accounts, or using it on the headstones or graves the customers believed they purchased.

New York State Public Health Law 4200 calls for a deceased person to be buried within a reasonable time period. Tomaszewski allegedly filed a death certificate claiming the deceased had been buried at a specific cemetery on a specific date, which in fact, they were not.

   

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