BUFFALO, NY (WKBW) — The owner of a shuttered Buffalo demolition company has been ordered to serve jail time after years of requests to clear his property in the city’s Seneca-Babcock neighborhood.
A State Supreme Court Judge has ordered Peter Battaglia, owner of Battaglia Demolition, to serve six months in jail for failing to clean up from the demolition of his former business site at 1037 Seneca Street in South Buffalo.
This is a case that we have followed for years:
- In 2018 the court found Battaglia liable for penalties
- In 2018 a State Supreme Court judge ordered Battaglia Demolition on Seneca Street to shut down
- In 2022 the City of Buffalo demolished the building
- In 2023 Battaglia was ordered to remove all concrete, debris and solid waste from the site
I want you to meet Diane Lemanski. She lives on Peabody Street in South Buffalo, directly behind the former Battaglia Demolition on Seneca Street. She has been fighting for clean-up of the site for years.
On Wednesday, I spoke with her about the judge's order that would send him to jail for six months for failing to comply.
“Glad to see some accountability, but we really need is it to be cleaned up. That is my whole main fight is to get it cleaned up because we live with the wrath of him every day,” Lemanski explained.
The New York State Attorney General's Office helped shut down the business, finding it was operating illegally.
In 2018 a State Supreme Court judge ordered a shutdown. The city demolished it in 2022. Battaglia was ordered to clean up the site but testified he didn't have the “financial power” to remove concrete and debris.
"What about all the millions he made while he was, while he was operational and we were suffering with the 200 trucks coming down our street and breathing and diesel fuel and having to do with the dust from the silica,” described Lemanski.
A court document states Battaglia testified he has “not taken any steps to remove” the material and has been found in contempt. He's now facing six months in jail.
Battaglia has been ordered to return to court on August 1. If he fails to appear, a warrant will be issued for his arrest.
“He needs to be held accountable,” noted Lemanski.
“Is this a victory for you at this point?” Buckley asked.
"It is somewhat of a victory. I'm sad to say that it took this to maybe get that cleaned up,” replied Lemanski.
But Battaglia owns more property in the Seneca-Babcock neighborhood including a vacant, boarded-up house on Peabody Street that neighbors tell me they want torn down.
I checked with the City of Buffalo and a spokesman tells me the Department of Permit and Inspection Services says the house, 148 Peabody is "on their preliminary demo list."
Battaglia also owns some vacant lots along Peabody Street.
Lemanski tells me the Clean Air Coalition is helping fight the owner who ran his facility without a proper air permit.
“They're the ones that got the Attorney General involved,” responded Lemanski. “I'm praying that it's the cleanup. I just wish he would wake up.”
The Clean Air Coalition issued the following statement in response to the judge's order:
"Our Clean Air members from Peabody Street are glad to see some personal accountability finally being enforced on Mr. Battaglia, however, we do not think that sending him to prison brings us any closer to achieving environmental justice for the residents. The residents suffered breathing in poisonous dust for a decade from Battaglia operating illegally without an air permit and we are going on six years now since he was shut down and the site is still not cleaned up. Our member leader Diane Lemanski is asking "If he is not financially able to complete the settlement then who is?" We have lots of questions and will be reaching out to regulators and local elected officials on this matter and will not stop fighting until the residents have justice for the harms that was done to them."
Clean Air Coalition
7 News also contacted the attorney representing Battaglia and we are awaiting a reply to our questions.
