Regular Session - February 8, 2016

                                                                   459

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  February 8, 2016

11                     3:03 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH GRIFFO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               460

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

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Senate will come to order.  

 4                I ask all present to please rise 

 5   and join with me as we recite the Pledge of 

 6   Allegiance to our Flag.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT GRIFFO:   In the 

10   absence of clergy, I ask that everyone please 

11   bow your heads in a moment of silent reflection 

12   and prayer.

13                (Whereupon, the assemblage 

14   respected a moment of silence.)

15                ACTING PRESIDENT GRIFFO:   The 

16   reading of the Journal.

17                THE SECRETARY:   In Senate, Sunday, 

18   February 7th, the Senate met pursuant to 

19   adjournment.  The Journal of Saturday, 

20   February 6th, was read and approved.  On motion, 

21   Senate adjourned.

22                ACTING PRESIDENT GRIFFO:   Without 

23   objection, the Journal will stand approved as 

24   read.

25                Presentation of petitions.


                                                               461

 1                Messages from the Assembly.

 2                Messages from the Governor.

 3                Reports of standing committees.

 4                Reports of select committees.

 5                Communications and reports from 

 6   state officers.

 7                Motions and resolutions.

 8                Senator DeFrancisco.

 9                SENATOR DeFRANCISCO:   Can we go to 

10   reports of standing committees.  I believe -- 

11   oh, okay, we'll do the motions first, excuse me.  

12                I wish to call up the following 

13   bills, which were recalled from the Assembly and 

14   are now at the desk:  Senate Print 6383, 6391, 

15   6392, 6395, and 6427.  

16                ACTING PRESIDENT GRIFFO:   The 

17   Secretary will read the titles of the bills.

18                THE SECRETARY:   Calendar Number 

19   14, by Senator Flanagan, Senate Print 6383, an 

20   act to amend the General Business Law.

21                Calendar Number 22, by Senator 

22   Marcellino, Senate Print 6391, an act to amend 

23   Chapter 672 of the Laws of 1993.

24                Calendar Number 23, by Senator 

25   Little, Senate Print 6392, an act to amend the 


                                                               462

 1   Insurance Law.

 2                Calendar Number 26, by Senator 

 3   Seward, Senate Print 6395, an act to amend the 

 4   Insurance Law.  

 5                And Calendar Number 38, by 

 6   Senator Lanza, Senate Print 6427, an act to 

 7   amend the Real Property Tax Law.

 8                SENATOR DeFRANCISCO:   I now move 

 9   to reconsider the votes by which these bills 

10   were passed. 

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll on reconsideration.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 43.

15                SENATOR DeFRANCISCO:   I now offer 

16   the following amendments.

17                ACTING PRESIDENT GRIFFO:   The 

18   amendments are received.

19                Senator DeFrancisco.

20                SENATOR DeFRANCISCO:    

21   Mr. President, on page 13 I offer the following 

22   amendments to Calendar Number 40, Senate Print 

23   6429, a bill by Senator Seward, and I ask that 

24   said bill retain its place on the Third Reading 

25   Calendar.


                                                               463

 1                ACTING PRESIDENT GRIFFO:   The 

 2   amendments are received, and the bill shall 

 3   retain its place on third reading.

 4                SENATOR DeFRANCISCO:   Also, on 

 5   page 11, I offer the following amendments to 

 6   Calendar Number 27, Senate Print 6396, a Senator 

 7   Larkin bill, and ask that said bill retain its 

 8   place on the Third Reading Calendar.

 9                ACTING PRESIDENT GRIFFO:   The 

10   amendments are received, and the bill shall 

11   retain its place on third reading.

12                SENATOR DeFRANCISCO:   On page 

13   number 12, I offer the following amendments to 

14   Calendar Number 34, Senate Print 6423, and ask 

15   that said bill retain its place on the Third 

16   Reading Calendar, a bill by Senator Ranzenhofer.

17                ACTING PRESIDENT GRIFFO:   The 

18   amendments are received, and the bill shall 

19   retain its place on third reading.

20                SENATOR DeFRANCISCO:   Also on page 

21   12, I offer the following amendments to 

22   Calendar Number 35, Senate Print Number 6424, a 

23   bill by Senator Bonacic, and ask that said bill 

24   retain its place on the Third Reading Calendar.

25                ACTING PRESIDENT GRIFFO:   The 


                                                               464

 1   amendments are received, and the bill will retain 

 2   its place on third reading.

 3                SENATOR DeFRANCISCO:   I now move 

 4   that the following bill be discharged from its 

 5   respective committee and be recommitted with 

 6   instructions to strike the enacting clause:  

 7   Senator O'Mara's bill, Number 3932.

 8                ACTING PRESIDENT GRIFFO:   So 

 9   ordered.

10                SENATOR DeFRANCISCO:   I move that 

11   the following bill of Senator Robach be 

12   discharged from its respective committee and be 

13   recommitted with instructions to strike the 

14   enacting clause.  That's Number 6359.

15                ACTING PRESIDENT GRIFFO:   So 

16   ordered.

17                SENATOR DeFRANCISCO:   I also move 

18   to amend Senate Bill 3908A by striking out the 

19   amendments made on January 11, 2016, and 

20   restoring it to its original print number, 3908, 

21   a Senator Marchione bill.

22                ACTING PRESIDENT GRIFFO:   So 

23   ordered.

24                SENATOR DeFRANCISCO:   Would you 

25   please recognize Senator Gianaris.


                                                               465

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Gianaris.

 3                SENATOR GIANARIS:   Thank you, 

 4   Mr. President.

 5                I move that the following bills be 

 6   discharged from their respective committees and 

 7   be recommitted with instructions to strike the 

 8   enacting clause:  On behalf of Senator Panepinto, 

 9   Senate Numbers 3632A and 6301.

10                ACTING PRESIDENT GRIFFO:   It is so 

11   ordered.

12                SENATOR DeFRANCISCO:   Please 

13   recognize Senator Valesky.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Valesky.

16                SENATOR VALESKY:   Thank you, 

17   Mr. President.  

18                On behalf of myself, I move that the 

19   following bills be discharged from their 

20   respective committees and be recommitted with 

21   instructions to strike the enacting clause:  

22   Senate Bills 621 and 5128.

23                ACTING PRESIDENT GRIFFO:   So 

24   ordered.

25                SENATOR VALESKY:   Also, on behalf 


                                                               466

 1   of Senator Avella, I wish to call up his bill, 

 2   6422, recalled from the Assembly, which is now at 

 3   the desk.

 4                ACTING PRESIDENT GRIFFO:   The 

 5   Secretary will read.

 6                THE SECRETARY:   Calendar Number 33, 

 7   by Senator Avella, Senate Print 6422, an act to 

 8   amend the Vehicle and Traffic Law.

 9                SENATOR VALESKY:   I now move to 

10   reconsider the vote by which this bill passed.

11                ACTING PRESIDENT GRIFFO:   The 

12   Secretary will call the roll on reconsideration.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 47.

15                SENATOR VALESKY:   I now offer the 

16   follow amendments.

17                ACTING PRESIDENT GRIFFO:   The 

18   amendments are received.

19                SENATOR VALESKY:   Also on behalf of 

20   Senator Avella, I wish to call up his bill, 

21   Number 6428, recalled from the Assembly and it's 

22   now at the desk.

23                ACTING PRESIDENT GRIFFO:   The 

24   Secretary will read.

25                THE SECRETARY:   Calendar Number 39, 


                                                               467

 1   by Senator Avella, Senate Print 6428, an act to 

 2   amend the General Business Law.

 3                SENATOR VALESKY:   I now move to 

 4   reconsider the vote by which this bill was 

 5   passed.

 6                ACTING PRESIDENT GRIFFO:   The 

 7   Secretary will call the roll on reconsideration.

 8                (The Secretary called the roll.)

 9                THE SECRETARY:   Ayes, 47.

10                SENATOR VALESKY:   I now offer the 

11   following amendments.

12                ACTING PRESIDENT GRIFFO:   The 

13   amendments are received.

14                Senator DeFrancisco.

15                SENATOR DeFRANCISCO:   Yes, could we 

16   go to reports of standing committees.  

17                I believe there's a report from the 

18   Judiciary Committee at the desk.

19                ACTING PRESIDENT GRIFFO:   Reports 

20   of standing committees.  

21                There is a report of the Judiciary 

22   Committee before the desk, and the Secretary will 

23   read.

24                THE SECRETARY:   Senator Bonacic, 

25   from the Committee on Judiciary, reports the 


                                                               468

 1   following nomination:  

 2                Michael Garcia, as an Associate 

 3   Judge of the New York State Court of Appeals.

 4                SENATOR DeFRANCISCO:   Please 

 5   recognize Senator Bonacic.

 6                ACTING PRESIDENT GRIFFO:   May I 

 7   have some order in the house, please.

 8                Senator Bonacic.

 9                SENATOR BONACIC:   Thank you, 

10   Mr. President.  

11                Earlier today the Judiciary 

12   Committee met and considered the nomination of 

13   Michael Garcia to serve as an Associate Judge of 

14   the Court of Appeals, for a term commencing 

15   February 8, 2016, and expiring February 7, 2030.

16                Mr. Garcia is with us today in the 

17   gallery.  

18                He's a resident of Irvington, 

19   New York, in Senator Stewart-Cousins' district.

20                Pursuant to the provisions of 

21   Section 2 of Article 6 of the Constitution and 

22   the provisions of Section 68 of the Judiciary 

23   Law, the Judiciary Committee has reported the 

24   nomination to the floor with no opposition.

25                Joined in the gallery with Michael 


                                                               469

 1   Garcia are his two beautiful children Sofia and 

 2   Michael.  

 3                And I would like to mention that his 

 4   bride, Liana Davila, and his other son, Manuel 

 5   Garcia, were supposed to leave from Puerto Rico 

 6   yesterday to be here, but their flight was 

 7   canceled because of bad weather.  But I know that 

 8   your bride and your son are here in spirit 

 9   applauding you today, Mr. Garcia.

10                Now, just to give you a brief 

11   profile of Michael Garcia's experience.  

12                He served as a clerk to Judge Judith 

13   Kaye for a couple of years.  

14                He also served nine years as a 

15   federal prosecutor in the U.S. Attorney's office 

16   in Manhattan, from 1992 to 2001.  There he 

17   prosecuted a number of high-profile cases 

18   involving national security, including the 1993 

19   terrorist bombing of the World Trade Center and 

20   the 1998 bombings of the U.S. Embassies in 

21   East Africa.  For his work on these cases, he was 

22   twice awarded the Department of Justice's 

23   Exceptional Service Award, the DOJ's highest 

24   honor.

25                He led various Executive Branch 


                                                               470

 1   enforcement agencies, including as Secretary for 

 2   Immigration and Customs Enforcement, within the 

 3   Department of Homeland Security, where he oversaw 

 4   20,000 employees between 2001 and 2005.

 5                In addition, he served as the U.S. 

 6   Attorney from 2005 to 2008, where he supervised 

 7   numerous public corruption matters involving 

 8   state and local officials, fraud, and chaired the 

 9   Attorney General's Advisory Committee on 

10   Terrorism and National Security.

11                He's currently a partner in the law 

12   firm of Kirkland & Ellis, in New York, where he 

13   has been for 6 and a half years.  

14                He also served as independent chair 

15   of the investigatory chamber of the ethics 

16   committee of FIFA, investigating corruption in 

17   world soccer, from 2012 to 2014.

18                He's been a vice president of the 

19   Americas for Interpol, the international police 

20   organization.

21                I think this is probably the most 

22   outstanding and diverse and exceptional resume 

23   that I have ever seen for a nominee to the Court 

24   of Appeals, and I want to thank our Governor for 

25   this outstanding and impressive nominee.  He has 


                                                               471

 1   a wealth of experience and intellect to bring to 

 2   the highest court.  

 3                And the other thing I'd like to 

 4   mention, when we vetted these Court of Appeals 

 5   judges as they came before us -- and this, as I 

 6   said, is the sixth one since 2013.  And next year 

 7   in January of 2017, when Judge Pigott has to 

 8   retire, we will have had seven new Court of 

 9   Appeals judges in roughly a little over a 

10   four-year span, which is quite historic.

11                But in addition, he brings a wealth 

12   of commercial litigation experience.  And that 

13   was a void in all of the six judges before us 

14   that went up to the Court of Appeals.  So we were 

15   very impressed with his background in regulatory 

16   and commercial litigation.

17                I urge all of my colleagues to 

18   confirm the nomination of Michael Garcia to serve 

19   as an Associate Judge of the Court of Appeals.

20                Thank you, Mr. President.

21                ACTING PRESIDENT GRIFFO:   Thank 

22   you, Senator Bonacic.

23                Senator Stewart-Cousins.

24                SENATOR STEWART-COUSINS:   Thank 

25   you, Mr. President.  


                                                               472

 1                I rise to also second the nomination 

 2   of our new Court of Appeals judge.  He is a 

 3   constituent of mine, and we just had the 

 4   opportunity to meet today.  And I know that he's 

 5   with his two children, and we talked about the 

 6   busy life that he's been having, from clerking 

 7   very early in your career with Chief Justice Kaye 

 8   before she was the chief justice, and also work 

 9   that he'd done in -- pro bono work, frankly, that 

10   his firm has done with regard to legal defense 

11   for indigent clients.

12                He is obviously a man, as Senator 

13   Bonacic said, who's had a diverse amount of 

14   experience.  And I certainly look forward to your 

15   continued service with great dignity and 

16   integrity on the Court of Appeals.  

17                So I am so happy, this is the second 

18   Westchester resident I've had the chance to 

19   applaud in the past few weeks, and I am very, 

20   very proud that you, as my constituent, will be 

21   such an important part in our state history and 

22   our state judicial system.  

23                Congratulations.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   DeFrancisco.


                                                               473

 1                SENATOR DeFRANCISCO:   Yes.  Despite 

 2   the fact that the nominee could not explain to me 

 3   the rule against perpetuities in the Judiciary 

 4   Committee, I do wholeheartedly support his 

 5   confirmation.  

 6                I'm not going to repeat what's been 

 7   mentioned already about his qualifications, but 

 8   it's such a broad experience that he brings to 

 9   the bench.  Because the Court of Appeals hears 

10   every single type of case known to the law, and 

11   to have somebody with that broad experience there 

12   to share with the other judges is simply 

13   outstanding.

14                The Governor should be complimented 

15   for this nominee.  And I agree with John Bonacic, 

16   I believe that this is probably the most diverse 

17   and impressive resume that I've seen, and I've 

18   been here a few years.

19                I can't help but comment that your 

20   term expires in the year 2030.  Senator Larkin 

21   will be 102 on that day, and he will -- oh, he's 

22   gone -- and he will be here, he will be here to 

23   vote for your next 14 years.

24                So congratulations, and best of 

25   luck.


                                                               474

 1                Oh, here he is.

 2                SENATOR LARKIN:   What are you 

 3   hollering at me now?  

 4                (Laughter.)

 5                SENATOR LARKIN:   He doesn't respect 

 6   his elders.

 7                (Laughter.)

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Nozzolio.

10                SENATOR NOZZOLIO:   Thank you, 

11   Mr. President.  On the nomination.

12                I look forward to the day when 

13   Senator Larkin's here; I know I won't be.  

14                But I thank the Governor for this 

15   tremendous nomination.  It will have lasting 

16   impact on the citizens of our state.

17                The nominee, Michael Garcia, brings 

18   to this job a wonderful history of employment 

19   and, before that, a wonderful record of academic 

20   and scholastic achievement.  First in his class 

21   from Albany Law School.  I talked to a number of 

22   members of that class, who are still so 

23   impressed -- but not so much with his academic 

24   performance but his demeanor, his collegial 

25   attitude, his focus on those who weren't in maybe 


                                                               475

 1   the top 5 or 10 percent of the class, but the 

 2   entire class.

 3                Most importantly, I believe, besides 

 4   the wonderful academic and professional 

 5   experiences, this nominee has a compelling 

 6   personal story, one that began with his family 

 7   deciding they were going to be coming to America 

 8   to seek a better life.  That's a story that is 

 9   the story of all of us, but in Michael Garcia's 

10   case it's the subject of recent history.  And 

11   that compelling story is about how people can 

12   come to New York, a place of opportunity, work 

13   hard, study hard, be involved hard in terms of 

14   their own work ethic, and that work ethic 

15   translated into the success of this fine 

16   New Yorker.  

17                He carries with him that legacy.  He 

18   carries with him that story, a story that's a 

19   story of all of us, but one that can never be 

20   overtold.

21                With that, Mr. President, I 

22   wholeheartedly endorse this wonderful nomination.  

23   I wish him a long and successful tenure on the 

24   most important court, arguably, in all of these 

25   United States short of the United States 


                                                               476

 1   Supreme Court.

 2                Thank you, Mr. President.  Godspeed 

 3   to the nominee.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Hassell-Thompson.

 6                SENATOR HASSELL-THOMPSON:   Thank 

 7   you, Mr. President.

 8                I rise to also congratulate the 

 9   Governor on his appointment of Mr. Garcia.  

10                We had a chance to talk with him 

11   before and certainly ask questions of him today.  

12   I too am very pleased, as is Senator DeFrancisco, 

13   at the fact that we talk about who's on the bench 

14   and the qualification of who's on the bench, but 

15   there's several levels of diversity besides 

16   gender and ethnicity that become important.  

17                And I think because he brings a 

18   talent that no one of the judges that I've had 

19   the good fortune to help to confirm has the broad 

20   spectrum that he does, I listened to his answers 

21   and I listened to his understanding of 

22   cyber-intelligence and some of the other concerns 

23   that were raised by Senator Nozzolio.  And we 

24   need someone who has a much broader perspective 

25   than just what I call common law.


                                                               477

 1                And so I was very pleased with this 

 2   nomination.  I was very pleased to give my 

 3   affirmation to him being appointed.  But 

 4   certainly he has a breadth of knowledge that's 

 5   important, but I also understood that he has a 

 6   humanity and a caring about public service that 

 7   someone in a position as he has been, making the 

 8   kind of money that he can make, would choose to 

 9   leave and come back into public service.  And 

10   that said a great deal for me.

11                So I do appreciate, Mr. President, 

12   the opportunity to speak on behalf of this 

13   candidate today, and hope that, like me, my 

14   colleagues here will see in him what I saw and 

15   vote yes.  

16                Thank you, Mr. President.

17                ACTING PRESIDENT GRIFFO:   Senator 

18   Murphy.

19                SENATOR MURPHY:   Thank you, 

20   Mr. President.

21                Mr. Garcia, from one Westchester 

22   resident to another, congratulations.  We now 

23   have two Court of Appeals judges here.  We're 

24   doing pretty good in Westchester, huh?  

25                God bless, to you and your family.  


                                                               478

 1   After reading your resume, I'll say one word:  

 2   Wow.  Very impressive.  We are lucky to have you.  

 3   God bless.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Díaz.

 6                SENATOR DÍAZ:   Thank you, 

 7   Mr. President.

 8                Ladies and gentlemen, today I'm 

 9   supposed to be the happiest man here, I'm 

10   supposed to be the happiest person because a 

11   Hispanic is being appointed, a Hispanic is being 

12   nominated.  So me, as a Puerto Rican, born in 

13   Puerto Rica, in Bayamón, Puerto Rico, in 

14   {Spanish}, I should be proud.

15                Also because we minorities, we 

16   fight, we struggle so our people get considered.  

17   But every time that someone in our community gets 

18   nominated or appointed, I would like to feel, I 

19   would like to feel that everybody else, that 

20   everyone else has approved that person as the 

21   best one in the group.  

22                Today we have a problem that 

23   concerns me.  As Puerto Rican, as Hispanic, I 

24   have a problem.  The New York State Trial 

25   Association, the trial lawyers, has recommended, 


                                                               479

 1   among the candidates, four non-Hispanic 

 2   candidates, and they recommended them as highly 

 3   qualified and highly recommended, four of them.  

 4   Then the only minority in the whole group is 

 5   being sent to us as just qualified and just 

 6   recommended.  Against four non-Hispanics, no 

 7   minorities, highly qualified and highly 

 8   recommended.

 9                Today we should feel proud because 

10   there is a minority on, but the question is when 

11   the Governor chose a minority, they're being 

12   appointed, they're being recommended as just 

13   recommended and just qualified, against four 

14   highly recommended and highly qualified, it takes 

15   away, it takes away our pride.  Because many of 

16   you might be thinking, oh, he's being just 

17   appointed just because he's Hispanic, because the 

18   Governor jump, jump not only one, not two, not 

19   three, four non-Hispanics or non-minorities, 

20   highly qualified, highly recommended.  Why?  Why?  

21   Why?

22                If I could assure you, ladies and 

23   gentlemen, I could assure you that if it were on 

24   the other side and there were a black or Hispanic 

25   be recommended as highly qualified and highly 


                                                               480

 1   recommended, and they choose one on the other 

 2   side of the spectrum, only qualified and only 

 3   recommended, against a minority, highly qualified 

 4   and highly recommended, I could assure you that 

 5   the buses from New York City and from all black 

 6   and Hispanic communities would be picketing and 

 7   calling this racism.

 8                So I should be proud, and I'm proud 

 9   as a Hispanic, and we are appointing a Hispanic.  

10   But I'm going to call on Governor Cuomo, 

11   Mr. Governor Cuomo, stop doing this.  Every time 

12   that you -- that we -- then don't use, then don't 

13   use the trial lawyers or any other group, don't 

14   ask for their recommendation.  Just go and do 

15   what you have to do, but don't put us through 

16   this.  

17                Because this is -- this is -- this 

18   is -- it's like saying, ah, let me give you a 

19   Hispanic so the Hispanic community could be 

20   satisfied.  All of you are saying that he's 

21   highly qualified, that he's the best in the 

22   world.  Why come the trial lawyers didn't say 

23   that?  That's my concern, Mr. President, and 

24   that's what disturbs me.  And that's how I don't 

25   even know how to do today.  


                                                               481

 1                Thank you very much.

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Croci.

 4                SENATOR CROCI:   Thank you, 

 5   Mr. President.  

 6                Mr. President, I rise today to 

 7   support the nomination of Mr. Michael Garcia.  

 8   It's so -- it's refreshing, quite frankly, to 

 9   read a lifetime of service to the United States 

10   and see that individual come back to his home in 

11   New York and want to serve the residents and the 

12   people of New York again.  It is indeed 

13   refreshing, given his vast experience.

14                As we look to the issues that are 

15   going to be facing our legislative session this 

16   year, the security of America and New Yorkers and 

17   the legitimacy of our government and institutions 

18   in the form of ethics reform are going to be 

19   topics.  Mr. Garcia's life represents truly an 

20   in-depth knowledge of both of those areas.

21                I'd like to draw specific attention, 

22   Mr. President, to his work in the United States 

23   Attorney's office.  You know, in 1992 and '93, 

24   when our enemies overseas decided that they would 

25   declare war on the United States, the first 


                                                               482

 1   battles in that war were in Lower Manhattan at 

 2   the World Trade Center, and in places like Kenya 

 3   and Tanzania, and then later the U.S.S. Cole, 

 4   Khobar Towers.  

 5                But the first battles were fought in 

 6   a courtroom, and the United States Attorney's 

 7   office and Mr. Michael Garcia were on the 

 8   front lines at that point.  So much of what we 

 9   learned as an intelligence community to fight the 

10   global war on terror in the years subsequent were 

11   gleaned from the information that that U.S. 

12   Attorney's office and that man sitting in the 

13   balcony was able to get.  

14                And we're still using it today.  

15   Some of the information that we were able to take 

16   from those open court cases and the American 

17   judicial system are still being used today to put 

18   together the network.  Ramzi Yousef, Omar 

19   Abdel-Rahman, these are individuals involved in 

20   those attacks that later went on to lead a larger 

21   network.  And we all know what happened on 

22   September 11, 2001.

23                So when I look to the balcony, I 

24   don't see a great lawyer or a great prosecutor, I 

25   see a great patriot.  And everyone in this 


                                                               483

 1   chamber today is safer as an American because of 

 2   that man and the fine work of the career 

 3   prosecutors at the U.S. Attorney's office in the 

 4   Southern District.

 5                So, Mr. President, I have to 

 6   compliment Governor Cuomo.  Regardless of 

 7   criticism or recommendations, the Governor has 

 8   made an outstanding choice, not only as the 

 9   governor but as an American.  And we are 

10   nominating and confirming to the bench today a 

11   great patriot who I'm sure will be a great jurist 

12   for the State of New York.

13                Thank you.

14                ACTING PRESIDENT GRIFFO:   Thank 

15   you, Senator Croci.

16                We'd like to welcome the nominee as 

17   well as Sofia and Michael to the chamber today.  

18                The question will be on the 

19   nomination of Michael Garcia as Associate Judge 

20   of the New York State Court of Appeals.  All in 

21   favor signify by saying aye.

22                (Response of "Aye.")

23                ACTING PRESIDENT GRIFFO:   Opposed?  

24                (No response.)

25                ACTING PRESIDENT GRIFFO:   Senator 


                                                               484

 1   Avella, why do you rise?

 2                SENATOR AVELLA:   Thank you, 

 3   Mr. President.  

 4                I wish to be recorded as abstaining 

 5   from the vote on the nominee.  I am the lead 

 6   plaintiff in a suit against the City of New York, 

 7   which we won at the Appellate Division, but some 

 8   of the defendants are appealing to the Court of 

 9   Appeals.  And since this nominee will be hearing 

10   the case, I think it's appropriate to abstain 

11   from the vote.

12                ACTING PRESIDENT GRIFFO:   Without 

13   objection, and in accordance with Rule 10, your 

14   abstention is so designated and so noted.

15                The nomination of Michael Garcia as 

16   Associate Justice of the New York State Court of 

17   Appeals is hereby confirmed and approved.

18                Congratulations, Judge Garcia.

19                (Standing ovation.)  

20                ACTING PRESIDENT GRIFFO:   Senator 

21   DeFrancisco.

22                SENATOR DeFRANCISCO:   There will be 

23   an immediate meeting of the Rules Committee in 

24   Room 332.

25                ACTING PRESIDENT GRIFFO:   There 


                                                               485

 1   will be an immediate meeting of the Senate Rules 

 2   Committee in Room 332, an immediate meeting of 

 3   the Senate Rules Committee in Room 332.  

 4                The Senate will stand at ease.

 5                (Whereupon, the Senate stood at ease 

 6   at 3:34 p.m.)

 7                (Whereupon, the Senate reconvened at 

 8   3:45 p.m.)

 9                ACTING PRESIDENT GRIFFO:   The 

10   Senate will return to order.

11                Senator DeFrancisco.  

12                SENATOR DeFRANCISCO:   Yes.  At this 

13   point in time could we return to reports of 

14   standing committees for a report of the 

15   Rules Committee.

16                ACTING PRESIDENT GRIFFO:   There is 

17   a Rules Committee report before the desk, and the 

18   Secretary will read.

19                THE SECRETARY:   Senator Flanagan, 

20   from the Committee on Rules, reports the 

21   following bills:  

22                Senate Print 932A, by Senator 

23   Avella, an act to amend the Public Housing Law; 

24                Senate 3969, by Senator Ranzenhofer, 

25   an act to amend the Private Housing Finance Law; 


                                                               486

 1                Senate 4558A, by Senator Klein, an 

 2   act to amend the Public Housing Law; 

 3                Senate 6694, by Senator Seward, an 

 4   act to amend the Insurance Law; 

 5                Senate 6695, by Senator Montgomery, 

 6   an act to amend the Correction Law; 

 7                Senate 6699, by Senator Perkins, an 

 8   act to amend the Administrative Code of the City 

 9   of New York; 

10                Senate 6706, by Senator Ritchie, an 

11   act to amend the Tax Law; 

12                And Senate 6707, by Senator Ritchie, 

13   an act to amend the Tax Law.  

14                All bills reported direct to third 

15   reading.  

16                ACTING PRESIDENT GRIFFO:   Senator 

17   DeFrancisco, would you like to make a motion?  

18                SENATOR DeFRANCISCO:   I move that 

19   you accept the report of the Rules Committee.

20                ACTING PRESIDENT GRIFFO:   All in 

21   favor of accepting the Committee on Rules report 

22   signify by saying aye.

23                (Response of "Aye.")

24                ACTING PRESIDENT GRIFFO:   Opposed?  

25                (No response.)


                                                               487

 1                ACTING PRESIDENT GRIFFO:   The 

 2   Committee on Rules report has been accepted.

 3                Senator DeFrancisco.

 4                SENATOR DeFRANCISCO:   Can we now 

 5   take up the noncontroversial reading of the 

 6   calendar for today.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   Secretary will beginning the reading of today's 

 9   active list, February 8, 2016.  

10                The Secretary will read.

11                THE SECRETARY:   Calendar Number 10, 

12   by Senator Farley, Senate Print 6379A, an act to 

13   amend the Business Corporation Law.

14                ACTING PRESIDENT GRIFFO:   Read the 

15   last section.

16                THE SECRETARY:   Section 3.  This 

17   act shall take effect on the same date and in the 

18   same manner as a chapter of the Laws of 2015.

19                ACTING PRESIDENT GRIFFO:   Call the 

20   roll.

21                (The Secretary called the roll.)

22                THE SECRETARY:   Ayes, 54.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 11, 


                                                               488

 1   by Senator Carlucci, Senate Print 6380A, an act 

 2   to amend the Correction Law.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 2.  This 

 6   act shall take effect on the same date and in the 

 7   same manner as a chapter of the Laws of 2015.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Carlucci to explain his vote.

13                SENATOR CARLUCCI:   Thank you, 

14   Mr. President.  

15                Our correctional officers have one 

16   of the hardest jobs there is.  The beat that they 

17   walk is one of the toughest beats in the nation.  

18   And we know that right now in New York State we 

19   have over 8500 inmates that have been formally 

20   diagnosed with some form of mental health 

21   disorder.  And we know that there's far more that 

22   are living with mental illness in our 

23   correctional facilities but have just been 

24   undiagnosed.  

25                That's why it's so important that 


                                                               489

 1   our correctional officers have the tools, have 

 2   the resources they need to do their job 

 3   successfully.  

 4                What this legislation does is it 

 5   requires correctional officers to have mental 

 6   health training.  They'll be able to have the 

 7   training to develop the skills to deescalate 

 8   situations.  They'll be able to develop the 

 9   skills to see the signs in inmates, to see that 

10   they might be needing of treatment.  

11                By passing this legislation, I 

12   believe we'll be making our prisons safer and 

13   making strides towards reducing the recidivism 

14   rate here in New York State.

15                So I want to thank my colleagues for 

16   supporting this important legislation.  And, 

17   Mr. President, I'll be voting in the affirmative.

18                Thank you.

19                ACTING PRESIDENT GRIFFO:   Senator 

20   Carlucci to be recorded in the affirmative.

21                Announce the results.

22                THE SECRETARY:   Ayes, 54.

23                ACTING PRESIDENT GRIFFO:   The bill 

24   is passed.

25                THE SECRETARY:   Calendar Number 12, 


                                                               490

 1   by Senator Little, Senate Print 6381B, an act to 

 2   repeal certain provisions.

 3                ACTING PRESIDENT GRIFFO:   Read the 

 4   last section.

 5                THE SECRETARY:   Section 3.  This 

 6   act shall take effect on the same date and in the 

 7   same manner as a chapter of the Laws of 2015.

 8                ACTING PRESIDENT GRIFFO:   Call the 

 9   roll.

10                (The Secretary called the roll.)

11                THE SECRETARY:   Ayes, 54.

12                ACTING PRESIDENT GRIFFO:   The bill 

13   is passed.

14                THE SECRETARY:   Calendar Number 15, 

15   by Senator Amedore, Senate Print 6384A, an act to 

16   amend the Social Services Law.

17                ACTING PRESIDENT GRIFFO:   Read the 

18   last section.

19                THE SECRETARY:   Section 4.  This 

20   act shall take effect on the same date and in the 

21   same manner as a chapter of the Laws of 2015.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 54.


                                                               491

 1                ACTING PRESIDENT GRIFFO:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 20, 

 4   by Senator Felder, Senate Print 6389A, an act to 

 5   amend the Family Court Act.

 6                ACTING PRESIDENT GRIFFO:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 3.  This 

 9   act shall take effect on the same date and in the 

10   same manner as a chapter of the Laws of 2015.

11                ACTING PRESIDENT GRIFFO:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                THE SECRETARY:   Ayes, 54.

15                ACTING PRESIDENT GRIFFO:   The bill 

16   is passed.

17                THE SECRETARY:   Calendar Number 25, 

18   by Senator Ranzenhofer, Senate Print 6394A, an 

19   act to amend the Public Authorities Law.

20                ACTING PRESIDENT GRIFFO:   Read the 

21   last section.

22                THE SECRETARY:   Section 3.  This 

23   act shall take effect on the same date and in the 

24   same manner as a chapter of the Laws of 2015.

25                ACTING PRESIDENT GRIFFO:   Call the 


                                                               492

 1   roll.

 2                (The Secretary called the roll.)

 3                THE SECRETARY:   Ayes, 54.

 4                ACTING PRESIDENT GRIFFO:   The bill 

 5   is passed.

 6                THE SECRETARY:   Calendar Number 29, 

 7   by Senator Seward, Senate Print 6398A, an act to 

 8   amend a chapter of the Laws of 2015.

 9                ACTING PRESIDENT GRIFFO:   Read the 

10   last section.

11                THE SECRETARY:   Section 2.  This 

12   act shall take effect on the same date and in the 

13   same manner as a chapter of the Laws of 2015.

14                ACTING PRESIDENT GRIFFO:   Call the 

15   roll.

16                (The Secretary called the roll.)

17                THE SECRETARY:   Ayes, 54.

18                ACTING PRESIDENT GRIFFO:   The bill 

19   is passed.

20                THE SECRETARY:   Calendar Number 37, 

21   by Senator Serrano, Senate Print 6426A, an act to 

22   amend Chapter 899 of the Laws of 1984.

23                ACTING PRESIDENT GRIFFO:   Read the 

24   last section.

25                THE SECRETARY:   Section 4.  This 


                                                               493

 1   act shall take effect immediately.

 2                ACTING PRESIDENT GRIFFO:   Call the 

 3   roll.

 4                (The Secretary called the roll.)

 5                THE SECRETARY:   Ayes, 54.

 6                ACTING PRESIDENT GRIFFO:   The bill 

 7   is passed.

 8                Senator DeFrancisco, that completes 

 9   the noncontroversial reading of the today's 

10   active list calendar.

11                SENATOR DeFRANCISCO:   Yes.  Would 

12   you please recognize Senator Hassell-Thompson for 

13   the purposes of an introduction.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Hassell-Thompson.

16                SENATOR HASSELL-THOMPSON:   Thank 

17   you, Mr. President.  

18                I rise to introduce a young woman 

19   into our chambers today who originated in the 

20   State of Alabama and who, before Rosa Parks, 

21   refused to get up as a civil rights act of 

22   disobedience on a bus in Alabama.  

23                Hopefully one day we'll do a 

24   resolution on behalf of Ms. Claudette Colvin, but 

25   she is here being honored by a group of students 


                                                               494

 1   who are part of a group called Peace December.  

 2   It's a group that I began, and 15 years later 

 3   that group originates in 15 countries across the 

 4   world.

 5                Peace December is really about 

 6   bringing peace and order to any system that 

 7   segregates against its citizens.  And so 

 8   Ms. Colvin has been such a prime example of what 

 9   it means to be peaceful demonstrator, but 

10   determined, as an A student and a woman who one 

11   day wanted to be President.  But I know that even 

12   though she did not make it, she is so proud of 

13   our President.  And we are so proud of her for 

14   all of the initiatives and the things that she 

15   has done and for the role modeling that she does 

16   for our young people.

17                So I just wanted to ask my 

18   colleagues to just recognize her with me today, 

19   welcome her to the chambers in the New York State 

20   Senate, and let her know that we appreciate all 

21   that she has sacrificed -- being arrested, being 

22   handcuffed, being in prison, and being tormented 

23   just because she is a woman of color.

24                Thank you, Ms. Colvin, for all that 

25   you have done for us.


                                                               495

 1                ACTING PRESIDENT GRIFFO:   Thank 

 2   you, Ms. Colvin.  We welcome you and extend the 

 3   privileges and courtesies of the house.  

 4                Thank you for being here.

 5                (Standing ovation.)  

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   DeFrancisco, Senator Díaz has asked permission to 

 8   speak.  Without objection?  

 9                SENATOR DeFRANCISCO:   If he's nice, 

10   no objection.

11                (Laughter.)

12                ACTING PRESIDENT GRIFFO:   Senator 

13   Díaz.

14                SENATOR DÍAZ:   I'm always nice.

15                Thank you, Mr. Chairman, but I 

16   raised my hand before you cut me off.  

17   Mr. Chairman, ladies and gentlemen --

18                ACTING PRESIDENT GRIFFO:   You look 

19   like a conductor there, Senator Díaz.

20                SENATOR DÍAZ:   -- today, today I 

21   have to join my colleague Senator Ruth 

22   Hassell-Thompson in honoring the person of 

23   Claudette Colvin.  

24                Here in the Senate chamber, on the 

25   Senate floor, we have a few distinguished members 


                                                               496

 1   of the community.  We have Lisa Allen, director 

 2   of the Peace December movement.  We have Edna 

 3   Thomas-Granger, executive director of Peace 

 4   December, and Sheikh Drammeh, chairman of Peace 

 5   December.  So also they are joining and they came 

 6   with Ms. Colvin today, with Claudette.  So thank 

 7   you for being here today.  

 8                In the gallery we have a group also 

 9   of distinguished members of the community.  We 

10   have Shireena Drammeh, the wife of Sheikh 

11   Drammeh, and members of the community.  So I also 

12   would like to extend my welcoming to you and 

13   thank you for being in Albany today and bringing 

14   Ms. Claudette Colvin to us.  Thank you.

15                Mr. Chairman, ladies and gentlemen, 

16   two years ago, two years ago on February 21, 

17   2014, I -- every year I do something in the Bronx 

18   called the Abrazos, called "the embraces."  We 

19   have Abrazo Boricua, that's called an embrace for 

20   the Puerto Rican community.  We have Abrazo 

21   Dominicana, for the Dominican community.  We have 

22   Abrazo Honduran, for the Honduran community.  And 

23   also we have Abrazo Bangladesh.  

24                In one of those Abrazos two years 

25   ago, Ms. Beverly Roberts -- Beverly Roberts, 


                                                               497

 1   ladies and gentlemen, is the president of the 

 2   NAACP, the Parkchester branch in the Bronx.  So 

 3   Ms. Beverly Roberts brought to us the person of 

 4   Claudette Colvin, that's two years ago, and 

 5   informed me of the outstanding, the exemplary 

 6   example and all the things that Ms. Claudette 

 7   Colvin did in those times.  

 8                And even though other people have 

 9   been widely recognized and widely applauded, 

10   Ms. Claudette Colvin has been in the back seat 

11   taking time and everybody is taking recognition.

12                But today this chamber, thanks to 

13   Ruth Hassell-Thompson, we're here, I'm here.  We 

14   did it in the Bronx two years ago, the Abrazo 

15   Afro-Americano.  But today, Ms. Claudette Colvin, 

16   thank you for all your efforts.  

17                I remember I went to Columbia, 

18   South Carolina in 1960, 1960, a young guy 

19   18 years old, from Puerto Rico.  Didn't know 

20   anything.  And I joined the Army, and I went to 

21   Columbia, to Fort Jackson, Columbia, South 

22   Carolina, and I knew and I learned what was going 

23   on in that time.  

24                And knowing what you did, thank you.  

25   We all appreciate that.  Because of what you did, 


                                                               498

 1   other people follow you, and here we are.  Here 

 2   we are.  Thank you very much.  Thank you very 

 3   much.  And thank you very much.  

 4                Thank you, Mr. Chairman.  

 5                (Applause from gallery.)  

 6                ACTING PRESIDENT GRIFFO:   We 

 7   welcome our guests and extend our best wishes to 

 8   everyone.

 9                Senator DeFrancisco.

10                SENATOR DeFRANCISCO:   Yes.  Is 

11   there any further business at the desk?  

12                ACTING PRESIDENT GRIFFO:   There is 

13   no further business before the desk.

14                SENATOR DeFRANCISCO:   That being 

15   the case, I move to adjourn until Tuesday, 

16   February 9th, at 11:00 a.m.

17                ACTING PRESIDENT GRIFFO:   On 

18   motion, the Senate stands adjourned until 

19   Tuesday, February 9th, at 11:00 a.m.

20                Senate is adjourned.

21                (Whereupon, the Senate adjourned at 

22   3:57 p.m.)

23

24

25