Extraordinary Session - July 2, 2009

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         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     July 2, 2009

        11                       3:06 p.m.

        12

        13

        14                 EXTRAORDINARY SESSION

        15

        16

        17

        18  SENATOR ANDREA STEWART-COUSINS, Acting President

        19  ANGELO J. APONTE, Secretary

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        21

        22

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         1                 P R O C E E D I N G S

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       The Senate will please come to order.

         4                  I ask everyone present to rise and

         5       recite with me the Pledge of Allegiance to our

         6       Flag.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       In the absence of clergy, may we all bow our

        11       heads for a moment of silence.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Thank you.

        16                  Senator Klein.

        17                  SENATOR KLEIN:    Madam President,

        18       is there a proclamation from the Governor at

        19       the desk?

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Yes, Senator Klein, there is a proclamation

        22       here at the desk.

        23                  The Secretary will read.

        24                  THE SECRETARY:    "Pursuant to the



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         1       power vested in me by Article IV, Section 3 of

         2       the Constitution, I hereby convene the Senate

         3       of the State of New York in Extraordinary

         4       Session, at the Capitol, in the City of

         5       Albany, on the second day of July,

         6       two thousand nine, at three o'clock p.m., for

         7       the purpose of considering legislation I will

         8       submit with respect to various subjects, and

         9       acting on gubernatorial nominations.

        10                  "Given under my hand and the Privy

        11       Seal of the State in the City of Albany this

        12       first day of July in the year two thousand

        13       nine, by the Governor, David A. Paterson."

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       The proclamation having been read, the Senate

        16       is in extraordinary session.

        17                  Senator Klein.

        18                  SENATOR KLEIN:    Madam President,

        19       can you please recognize Senator Skelos.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Certainly.  Senator Skelos.

        22                  SENATOR SKELOS:    Senator

        23       Stewart-Cousins, delighted to see you again

        24       today.



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         1                  And I should just point out that

         2       normally the presiding officer is referred to

         3       as Madam President or Mr. President.  And

         4       unfortunately, I cannot do that today because

         5       I don't believe that you are properly

         6       designated to preside.  The designation of a

         7       presiding officer should be made by Senator

         8       Espada or myself pursuant to the rules changes

         9       that took place on June 8th and the vote that

        10       occurred that day changing leadership of this

        11       body.

        12                  The decision by the judge that the

        13       Senate should convene, we should point out

        14       that this has been the position of the

        15       Democrats that no bills may be taken up

        16       legally in special session and in fact without

        17       the Assembly in town.  And I believe that's

        18       also Governor Paterson's decision.

        19                  So again, we do not recognize you,

        20       that you are the appropriate designating, and

        21       I'd like to move to adjourn at this time.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Thank you, Senator Skelos.

        24                  SENATOR SKELOS:    Lay aside the



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         1       calendar and move to adjourn at this time,

         2       sine die.

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       Thank you, Senator Skelos.

         5                  Senator Klein.

         6                  SENATOR KLEIN:    Madam President,

         7       not only do I duly recognize you as president,

         8       but your scarf is particularly lovely today.

         9                  (Laughter.)

        10                  ACTING PRESIDENT STEWART-COUSINS:

        11       Thank you, Senator Klein.

        12                  SENATOR KLEIN:    Madam President,

        13       I move that we do not take up any legislative

        14       activity today and that we adjourn this

        15       special session sine die.

        16                  ACTING PRESIDENT STEWART-COUSINS:

        17       On motion of Senator Klein, we adjourn

        18       sine die.

        19                  (Whereupon, at 3:09 p.m., the

        20       Senate adjourned.)

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