Reports

On June 30, 2009, the New York State Senate convened a regular session at noon. Lisa Copeland, Deputy Journal Clerk of the Senate, identified 31 Democratic members as present in the Senate Chamber, along with Senator Frank Padavan (R-Queens). A quorum being obtained, the Senate proceeded to unanimously pass over 100 critical bills.

For more legal background on the Senate's proceedings on June 30, 2009, please see the attached memorandum produced by Gregory M. Krakower, Director of Senate Policy Group & Special Counsel.

File: 
070109 Background Memo on Passage of Bills.pdf

Attached is a copy of the revised bipartisan operating agreement proposed by the Senate Democratic Conference on June 29th, 2009.

File: 
063009 Proposed Bipartisan Operating Agreement.pdf

Governor Paterson's lawsuit against all 62 members of the Senate was heard by Justice Joseph Teresi on Monday, June 29, 2009.  The judge issued an order requiring all members of the Senate "to convene into session as one group consistent with the Senate Rules on June 30, 2009 at 10:00 AM.   

A copy of papers submitted by Governor Paterson are available below.

File: 
062909 Paterson v Adams - MOL.pdf

File: 
062909 Paterson v Adams - Ravalli Affirm.pdf

File: 
062909 Paterson v Adams - TFG AFF.pdf

Governor Paterson's lawsuit against all 62 members of the Senate was heard by Justice Joseph Teresi on Monday, June 29, 2009.  The judge issued an order requiring all members of the Senate "to convene into session as one group consistent with the Senate Rules on June 30, 2009 at 10:00 AM. 

A copy of the order is available below.

File: 
062909 Paterson v. Adams et al - Order Judgment.pdf

On June 24, 2009, Senators George Winner and John Flanagan filed a lawsuit against Angelo Aponte regarding his administrative duties as Secretary of the Senate. 

On Friday, June 26, 2009 the matter was adjourned by Justice McNamara until Monday, June 29, to allow further talks among Senators.  A copy of reply papers filed by plaintiffs is available below.

File: 
062609 WinnerFlanagan v Aponte - Affirmation - John Casey.pdf

On June 24, 2009, Senators George Winner and John Flanagan filed a lawsuit against Angelo Aponte regarding his administrative duties as Secretary of the Senate. 

Plaintiffs' papers are available below.

File: 
Petition - Winner and Flanagan v Aponte.pdf

The New York State Senate remains deadlocked with 31 Senators in the Democratic Conference and 31 Senators affiliated with the Republican Conference.

Article III § 9 of the constitution dictates that in order to conduct business in the chamber, there must be a majority of Senators elected – 32 Senators — to have a quorum to conduct legislative business.

File: 
bipartisan U.S. Senate.pdf

File: 
bipartisan_Oklahoma.pdf

File: 
bipartisan_Washington1.pdf

The New York State Senate remains deadlocked with 31 Senators in the Democratic Conference and 31 Senators affiliated with the Republican Conference.

Article III § 9 of the constitution dictates that in order to conduct business in the chamber, there must be a majority of Senators elected – 32 Senators — to have a quorum to conduct legislative business.

File: 

BIPARTISAN OPERATING AGREEMENTS SUMMARY.pdf

File: 

bipartisan_New Jersey.pdf

File: 

bipartisan_Indiana.pdf

One June 11th, 2009, Senator Malcolm A. Smith filed a lawsuit to enjoin Senator Pedro Espada from carrying out the functions of the Temporary Senate President.

The attached documents are Senator Espada's reply submission, submitted on June 15th, 2009. They include (1) a Memorandum of Law; (2) Affirmation of John Ciampoli; (3) Affirmation of Francis Gluchowski; and (4) a letter to Judge McNamara.

File: 
2009 Smith V Espada reply Memo of Law Final[1].pdf

File: 
2009 smith v espada JC affirmation #2 6[1].15.pdf

File: 
2009 smith v espada gluchowski affirmation 6.15.pdf

File: 
2009 smith v espada 6.15 ltr to mcnamara.pdf