Funeral Director Accused of Not Burying, Cremating Body For 264 Days


A Batavia funeral director is accused of keeping the body of a deceased person for 264 days without properly disposing of the body. Michael S. Tomaszewski, owner of Michael S. Tomaszewski Funeral & Cremation Chapel allegedly kept the body from April 2018 to January 2019 which is a violation of public health law. Tomaszewski also allegedly filed a death certificate for the person which stated they were buried when they were not. He was also charged with offering a false instrument for filing.The body has since been buried.Tomaszewski is also accused of using $525,000 that was supposed to be for pre-paid funeral arrangements for other purposes. Investigators say he allegedly took money in amounts ranging from $350 to $15,500 to be used for specific funeral expenses from 91 different customers without actually opening trust accounts for them, or not using the money for the specified expenses.

Tomaszewski is charged with the following:

  • 61 counts of third-degree grand larceny.
  • 29 counts of fourth-degree grand larceny.
  • Five counts of falsifying business records.
  • Two counts of scheme to defraud.
  • One count of offering a false instrument for filing.
  • Three counts of petit larceny.
  • 91 counts of failure to deposit monies paid in advance in connection with agreements for funeral merchandise or services.