Regular Session - March 17, 1999

                                                              1177





                     THE STENOGRAPHIC RECORD



                        ALBANY, NEW YORK



                         March 17, 1999

                           11:05 A.M.



                        REGULAR SESSION





                 SENATOR JOHN H. KUHL, JR., ACTING PRESIDENT



                 STEVEN BOGGESS, Secretary







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                            P R O C E E D I N G S

                            THE PRESIDENT:    The Senate will

                 come to order.  I ask all the members to take

                 their seats and staff to take their places.

                 And I'd ask everybody in the chamber to rise

                 and join me in saying the Pledge of Allegiance

                 to the flag.

                            (Whereupon, the assemblage recited

                 the Pledge of Allegiance to the Flag.)

                            THE PRESIDENT:    In the absence of

                 clergy, may we bow our heads in a moment of

                 silence.

                            (Whereupon, a moment of silence was

                 observed.)

                            THE PRESIDENT:    The reading of

                 the journal.

                            THE SECRETARY:    In Senate,

                 Tuesday, March 16, the Senate met pursuant to

                 adjournment.  The Journal of Monday, March

                 15th, was read and approved.

                            On motion, Senate adjourned.

                            THE PRESIDENT:    Hearing no

                 objections, the Journal stands approved as

                 read.

                            Presentation of petitions?





                                                         1179



                 Messages from the Assembly?  Messages from the

                 Governor?  Reports of standing

                            Committees?  Senator Bruno?

                            SENATOR BRUNO:    Mr. President, I

                 believe there's a report from the Finance

                 Committee at the desk.  I would ask that at

                 this time it be read.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Senator Stafford,

                 from the Committee on Finance, reports the

                 following nominations;

                            As a Member of the Board of Parole,

                 Daniel B. Reardon of Ilion.

                            THE PRESIDENT:    The Chairman

                 recognizes Senator Seward on the nomination.

                            SENATOR SEWARD:    Thank you very

                 much, Mr. President.

                            I am very pleased to rise to move

                 this confirmation of Daniel B.  Reardon to be

                 a Member of the State Board of Parole.  Dan

                 Reardon's a constituent of mine from the

                 Village of Ilion and Herkimer County. And I've

                 known Dan for many, many years. And I'm very

                 pleased with this nomination that the Governor





                                                         1180



                 has made of Dan to be a Member of this

                 important Board.

                            Dan Reardon has had a very

                 distinguished career in law enforcement.  He

                 has served for ten years as the Herkimer

                 County Sheriff and the last four years as the

                 chief investigations with the New York State

                 Attorney General's Office.

                            On top of that very distinguished

                 law enforcement experience, Dan Reardon's what

                 I would call a people person.  He has,

                 previous to his law enforcement career, he has

                 served in capacities which proved that very,

                 very well, as Executive Director of the

                 Herkimer County Youth Bureau and also

                 Executive Director of the Herkimer County

                 Office for the Aging.

                            He's been an instructor at two

                 community colleges as an adjunct instructor of

                 both in criminology and sociology.

                            There's no question in my mind that

                 Dan Reardon possesses all of the necessary

                 qualifications to be a Member of the Parole

                 Board.  He's known throughout the Mohawk

                 Valley and throughout the state for his hard





                                                         1181



                 work, his good judgment and his commitment to

                 public service.

                            Mr. President, I urge all of the

                 Members to join in confirming Dan Reardon to

                 be a Member of the State Board of Parole.  I

                 congratulate the Governor on an excellent

                 choice.

                            I congratulate Dan and his family.

                 I see his wife Joan and their two daughters

                 are in the gallery with Dan.

                            This is a great day for the Reardon

                 family and its a great day for the people of

                 the State of New York.

                            THE PRESIDENT:    Is there any

                 other Member wishing to speak on the

                 nomination?

                            The Chair recognizes Senator

                 Nozzolio on the nomination.

                            SENATOR NOZZOLIO:    Thank you, Mr.

                 President.

                            I rise in support of this

                 nomination that I think the Governor has

                 chosen an excellent individual with law

                 enforcement and administrative background to

                 handle what is a very, very difficult task as





                                                         1182



                 a Member of the Parole Commission, the Parole

                 Board.

                            Dan Reardon I've known for many,

                 many years.  He served his county extremely

                 well.  As Senator Seward has indicated in

                 moving this nomination, Dan has an excellent

                 law enforcement background and one that will

                 serve to be a great credit as he takes on this

                 extremely important responsibility.

                            I support the nomination, Mr.

                 President, and wish the nominee all the luck

                 in this new capacity.

                            THE PRESIDENT:    Any other Member

                 wishing to speak on the nomination?

                            Hearing none, the question's on the

                 nomination of Daniel B. Reardon of Ilion to

                 become a Member of the State Board of Parole.

                            All of those in favor signify by

                 saying aye.

                            FROM THE FLOOR:    Aye.

                            THE PRESIDENT:    Opposed, nay?

                            (No response.)

                            THE PRESIDENT:    The nominee is

                 confirmed.

                            We are very, very pleased to have





                                                         1183



                 Mr. Reardon in the Chamber with us, in the

                 balcony to the Members left, together with his

                 wife, Joan, their children Catherine and

                 Elizabeth, and Dan's sister, Cathy.

                            (Applause.)

                            THE PRESIDENT:    The Secretary

                 will continue to read.

                            THE SECRETARY:    As a Member of

                 the Port Authority of New York and New Jersey,

                 Michael J. Chassanoff of Oyster Bay.

                            THE PRESIDENT:    The questions on

                 the resolution of Michael J.  Chassanoff to

                 become a Member of the Port Authority of New

                 York and New Jersey.

                            All those in favor signify by

                 saying aye?

                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay?

                            (No response.)

                            THE PRESIDENT:    The nominee is

                 confirmed.

                            The Secretary will read.

                            THE SECRETARY:    As a Member of

                 the State Environmental Board, Raymond M.

                 Christensen of Davenport Center and M. Peter





                                                         1184



                 Lanahan of Rexford.

                            THE PRESIDENT:    The question is

                 on the nomination of Raymond M.  Christensen

                 and Peter Lanahan to become members of the

                 State Environmental Board.

                            All those in favor signify by

                 saying aye?

                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay?

                            (No response.)

                            THE PRESIDENT:    The nominees are

                 confirmed.

                            The Secretary will continue to

                 read.

                            THE SECRETARY:    As a Member of

                 the Lake George Park Commission, Thomas

                 Conerty of Bolton Landing.

                            THE PRESIDENT:    The question is

                 on the nomination of Thomas Conerty of Bolton

                 Landing to become a Member of the Lake George

                 Park Commission.

                            All those in favor signify by

                 saying aye?

                            (Response of "Aye.").

                            THE PRESIDENT:    Opposed, nay?





                                                         1185



                            (No response.)

                            THE PRESIDENT:    The nominee is

                 confirmed.

                            The Chair recognizes Senator Bruno.

                            SENATOR BRUNO:    Mr. President,

                 can we at this time ask for an immediate

                 meeting of the Rules Committee in Room 332?

                            THE PRESIDENT:    There'll be an

                 immediate meeting of the Rules Committee.

                 Immediate meeting of the Rules Committee in

                 the Majority Conference Room, Room 332.

                 Immediate meeting of the Rules Committee in

                 the Majority Conference Room, Room 332.

                            The Secretary, continue to read the

                 report of the Finance Committee.

                            THE SECRETARY:    As a Member of

                 the State Park, Recreation and Historic

                 Preservation Commission for the City of New

                 York, Theodore Roosevelt IV of Brooklyn.

                            THE PRESIDENT:    The question is

                 on the nomination of Theodore Roosevelt IV of

                 Brooklyn, New York to become a Member of the

                 State Park, Recreation and Historic

                 Preservation Commission of the City of New

                 York.





                                                         1186



                            All those in favor signify by

                 saying aye?

                            (Response of "Aye.").

                            THE PRESIDENT:    Opposed, nay?

                            (No response.)

                            THE PRESIDENT:    The nominee's

                 confirmed.

                            Secretary will continue to read.

                            THE SECRETARY:    As a Member of

                 the Steward Airport Commission, Thomas Schaaff

                 of Middletown.

                            THE PRESIDENT:    The question is

                 on the nomination of Thomas Schaaff of

                 Middletown to become a Member of the Stewart

                 Airport Commission.

                            All those in favor signify by

                 saying aye?

                            (Response of "Aye.").

                            THE PRESIDENT:    Opposed, nay?

                            (No response.)

                            THE PRESIDENT:    The nominee is

                 confirmed.

                            The Secretary will continue to

                 read.

                            THE SECRETARY:    Director of the





                                                         1187



                 New York State Urban Development Corporation,

                 J. Patrick Barrett of Manilus.

                            THE PRESIDENT:    The Chair

                 recognizes Senator DeFrancisco on the

                 nomination.

                            SENATOR DEFRANCISCO:    I rise in

                 support of the nomination of J.  Patrick

                 Barrett for the position of Director of the

                 New York State Urban Development Corporation.

                            I've known Pat Barrett for many

                 years in many different capacities.  And Pat

                 is truly the American success story.  He was

                 born of very humble beginnings and actually

                 graduated from a high school with only 15

                 graduating seniors, almost like a one room

                 school house.  From there he excelled in

                 everything he did.

                            He went to Sienna College for those

                 of you from the Albany area, and has never

                 forgotten the education he got from Sienna by

                 being very generous to that college and often

                 participating in activities to strengthen that

                 college and the academic curriculum of that

                 college.

                            He was Chairman and Chief Executive





                                                         1188



                 Officer of Avis.  He's been involved in many,

                 many different businesses and has become one

                 of the most successful businessmen in the

                 State of New York.

                            His generosity is known from one

                 end of the state to the other.  He's involved

                 with many charitable organizations.  He's had

                 many directorships in various other

                 universities.  And most importantly, his

                 charitable works that have not been recognized

                 because of the private nature of the

                 individual are limitless.

                            I rise and commend the Governor for

                 this outstanding nomination.  And I'm sure the

                 State of New York will benefit from the

                 expertise and wisdom that Central New York has

                 benefitted from in the past.

                            THE PRESIDENT:    Is there any

                 other Member wishing to speak on the

                 nomination?

                            Hearing none, the question is on

                 the nomination of J. Patrick Barrett of

                 Manlius to become a Director of the New York

                 State Urban Development Corporation.

                            All those in favor signify by





                                                         1189



                 saying aye?

                            (Response of "Aye.").

                            THE PRESIDENT:    Opposed, nay?

                            (No response.)

                            THE PRESIDENT:    The nominee is

                 confirmed.

                            The Secretary will continue to

                 read.

                            THE SECRETARY:    Sheriff of

                 Orleans County, Merle R. Fredericks of Medina.

                            THE PRESIDENT:    The Chair

                 recognizes Senator Maziarz on the nomination.

                            SENATOR MAZIARZ:    Thank you very

                 much, Mr. President.

                            I would also like to note, Mr.

                 President, that we're joined in Senate Chamber

                 today by two of our colleagues from the New

                 York State Assembly, Assemblyman Charles

                 Nesbitt and Assembly Dave Seaman who together

                 represent Orleans County.

                            Mr. President, I'd like to rise

                 today in support of Governor Pataki's

                 nomination of Merle Fredericks.

                            Merle currently serves as the Under

                 Sheriff of Orleans County.  He has a lifelong





                                                         1190



                 career in law enforcement.  And quite frankly,

                 Mr. President, this nomination by Governor

                 Pataki was an easy one.  Merle Fredericks was

                 the unanimous choice, not only of our State

                 Legislative Delegation, but also of the County

                 Legislature, the town, local officials in

                 Orleans County all unanimously supported the

                 appointment of Merle Fredericks to be the

                 Sheriff of Orleans County.

                            Its great that Merle was able to be

                 joined here today by his wife and his

                 children.  And Merle, we certainly want to

                 congratulate you and I think I would be remiss

                 if I didn't note that this is kind of a

                 bittersweet time for you given that the fact

                 that your late father who served for many

                 years in law enforcement was the Under Sheriff

                 of Orleans County recently passed away.  But

                 Merle, you can take a lot of pride in the fact

                 that even though your dad may not be here in

                 person and I know that he wanted to be, he's

                 here in spirit and he's going to be with you

                 during the rest of your lengthy career as the

                 Sheriff of Orleans County.

                            Mr. President, I rise in support of





                                                         1191



                 this nomination.

                            THE PRESIDENT:    Is there any

                 other Member wishing to speak on the

                 nomination?

                            Hearing none, the question's on the

                 nomination of Merle R. Fredericks of Medina to

                 become the Sheriff of Orleans County.

                            All those in favor signify by

                 saying aye?

                            (Response of "Aye.)

                            THE PRESIDENT:    Opposed, nay?

                            (No response.)

                            THE PRESIDENT:    The nominee is

                 unanimously confirmed.  We're very, very

                 pleased to have Sheriff Fredericks in the

                 gallery to your left with us today and also

                 the other four M.  Fredericks, Mitsy and Mandy

                 and Merle II and Martin.

                            Congratulations, Sheriff.  We know

                 from your experience which all of us have been

                 aware of that it will be safe in Orleans

                 County.  And we will look forward to traveling

                 there despite what Senator Maziarz has told

                 us. So congratulations.  Good luck.  We look

                 to hear from good things from you.





                                                         1192



                            (Applause.) Reports of select

                 committees.  Communications reports from

                            state officers.  Motions and

                 resolutions.  The Chair recognizes Senator

                            McGee.  SENATOR McGEE: Thank you,

                            Mr. President.  On page Number 5 I

                 offer the

                            following amendment to Calendar

                 Number 60, Senate Print Number 31, and on

                 behalf of Senator LaValle I ask that said bill

                 retain its place in the third reading

                 calendar.

                            THE PRESIDENT:    The amendments

                 are received and adopted and the bill will

                 retain its place in the third reading

                 calendar.

                            Senator Bruno, we have one

                 substitution at the desk.

                            SENATOR BRUNO:    Make the

                 substitution.

                            THE PRESIDENT:    The Secretary

                 will read the substitution.

                            THE SECRETARY:    On page 20,

                 Senator Meier moves to discharge from the

                 Committee on Education, Assembly Bill Number





                                                         1193



                 3052 and substitute it for the identical third

                 reading Calendar 313.

                            THE PRESIDENT:    Substitution's

                 ordered.

                            Senator Bruno?

                            SENATOR BRUNO:    Mr. President,

                 there's a privileged resolution at the desk.

                 I would ask that it be read in its entirety

                 and move for its immediate adoption.

                            THE PRESIDENT:    There is a

                 privileged resolution by Senator Bruno at the

                 desk.  The Secretary will read it in its

                 entirety.

                            THE SECRETARY:    By Senator Bruno

                 Legislative Resolution honoring the life and

                 career of Joe DiMaggio, the Yankee Clipper,

                 and American hero.

                            And Wherereas, baseball fans

                 throughout the world awoke on March 8th to the

                 sad news that after a long and brave struggle,

                 Joe DiMaggio, the former New York Yankee and

                 Baseball Hall of Famer, affectionately known

                 by all as the Yankee Clipper, had died in his

                 home in Hollywood, Florida; and.

                            Wherereas, born on November 25,





                                                         1194



                 1914 in Martinez, California, the son of an

                 immigrant fisherman, Joe D.  Commenced his

                 professional baseball career at the age of 17

                 with the San Francisco Seals in the Pacific

                 Coast League and in 1936 at the age of 21 he

                 introduced himself to the New York Yankees as

                 their starting center fielder, a position he

                 would occupy with grace, style and aplomb

                 until his retirement after the 1951 season;

                 and.

                            Whereas, during his long and

                 illustrious career, this American icon, the

                 consummate gentleman both on and off the

                 field, set the standard for three generations

                 of the New York Yankee tradition; he played

                 the game with skill and with class, with pride

                 in his performance, and with the elegance that

                 has been unmatched by any other player; and

                            Whereas, elected to the Baseball

                 Hall of Fame in 1955, joltin Joe DiMaggio won

                 three American League Most Valuable Player

                 Awards, appeared in 11 All Star Games, played

                 on ten American League pennant winners and

                 nine World Series champions, and he ended his

                 career with a .325 lifetime batting average





                                                         1195



                 with 361 home runs, striking out only 369

                 times in 6,821 at bats.  However, his greatest

                 accomplishment is his 56 game consecutive

                 hitting streak in 1941, a feat that is

                 recognized as one of the greatest singular

                 accomplishments by any athlete in any sport

                 and which is to this day unmatched.  The

                 Streak as it was called, riveted a nation and

                 is still recognized as a defining event in

                 baseball history; and.

                            Whereas, after his retirement as an

                 active player he immersed himself in raising

                 money for the Joe DiMaggio children's Hospital

                 in his hometown, making numerous public

                 appearances on its behalf, and returning to

                 the House that Ruth Built in support of his

                 beloved lifetime team.  DiMaggio's mere

                 presence at opening day or at an old timer's

                 day electrified the New York crowd.  The

                 loudest cheers were always reserved for the

                 appearance of the greatest living baseball

                 player and applause crescendoed from the

                 farthest seat in the center field bleachers to

                 the closest box seats behind home plate as he

                 jogged to his rightful spot of honor on the





                                                         1196



                 emerald green fields of Yankee Stadium; and.

                            Whereas, Joe DiMaggio, as a major

                 league baseball player and as a true American

                 hero, earned the right to be called an

                 immortal, and he will never be replaced.  In

                 the words of the songwriter Paul Simon, it is

                 indeed a sad day for all baseball aficionados,

                 Yankee fans and all who cherish the manner in

                 which he lived his life, because indeed,

                 joltin Joe has left and gone away; now,

                 therefore, be it.

                            Resolved, that the Legislative Body

                 pause in its deliberations to reflect upon and

                 celebrate the legacy of a true American hero

                 and baseball legend, and today in respect of

                 his memory, recall the achievements of that

                 person who will forever be known as the center

                 fielder for the New York Yankees wearing

                 number five, Joe DiMaggio; and be it further

                            Resolved that copies of this

                 Resolution, suitably engrossed, be transmitted

                 to the DiMaggio family members, the New York

                 Yankees, and the Baseball Hall of Fame in

                 Cooperstown, New York.

                            THE PRESIDENT:    The Chair





                                                         1197



                 recognizes Senator Bruno on the Resolution.

                            SENATOR BRUNO:    Mr. President,

                 we've heard and know that Joe DiMaggio, the

                 Yankee Clipper, died on Monday March 8th at

                 his home in Hollywood, Florida at the age of

                 84.  Joltin Joe, as he was called, was a true

                 New Yorker.  He was a consummate gentleman.  A

                 hero at a time when we in this state in this

                 country desperately needed a hero.

                            He was a son of an Italian

                 immigrant who arrived in New York in 1936 and

                 the height of the depression in this country.

                 And in his first game as we heard in his life

                 he was a star hitting, I believe, two doubles

                 and a triple in his very first time at bat.

                            When you talk about excellence, you

                 talk about Joe DiMaggio.  When you talk about

                 a gentleman, you are remembering and reminded

                 of Joe DiMaggio.  As a kid and many of you

                 here can remember from the time I could focus

                 on anyone in this country, it was Joe

                 DiMaggio.  And when we followed his hitting

                 streak it was all the conversation with us

                 kids and as we were growing up.  If you looked

                 up to anybody, it was Joe DiMaggio.





                                                         1198



                            They wrote songs about him.

                 Hemingway wrote about him.  He was a hero

                 among heros.  And when he passes as he has

                 passed, his legend goes on.  And he was a

                 legend, literally, in his own time.  And it is

                 just fitting that legislators like us and

                 groups all over the country will constantly

                 remember Joe DiMaggio, the outstanding

                 athlete, The outstanding gentleman, the person

                 who truly just personified grace and

                 greatness.  And his passing is a real loss to

                 all of us, but we have his memory, we have his

                 record.  It will be there with us forever.

                            I had the privilege and really one

                 of the greatest thrills in my life a few years

                 ago when I was at the opening game at Yankee

                 Stadium and I sat with Joe DiMaggio there

                 before the game.  And he signed an autograph

                 for me very graciously.  And I visited with

                 him for a few minutes.  And it just struck me

                 how humble he was in just relating on a

                 personal basis, looking you right in the eye,

                 talking.  And he had to be at the time, I

                 guess, 82.  He went out to the mound and threw

                 in the first pitch.  And it was right over the





                                                         1199



                 plate.  And he jogged up to the catcher to

                 shake hands.  And I thought what that is true

                 greatness at every stage and at every age.  So

                 all of us can just remember him, not just for

                 all the athletic accomplishments, but for the

                 man that he was.

                            Mr. President, I would invite all

                 of my colleagues to join in signing on this

                 Resolution.  And if any of you would not want

                 to be on it, would you please address the

                 desk.  Otherwise, Mr. President, I would

                 recommend that all of us be on the Resolution.

                            Thank you, Mr. President.

                            THE PRESIDENT:    The Chair will

                 direct that the Clerk put all the Members on

                 the Resolution as co-sponsors with the

                 exception of those individuals who indicate to

                 the desk that they don't wish to be

                 co-sponsors.

                            The Chair recognizes Senator Waldon

                 on the Resolution.

                            SENATOR WALDON:    Thank you very

                 much, Mr. President.

                            First let me comment our esteemed

                 leader for so quickly bringing a comprehensive





                                                         1200



                 Resolution for our consideration on one of the

                 greatest Americans to ever live.

                            I did not have the benefit of

                 seeing Joe D play many times.  One, I was too

                 young for my mother to let me go to that place

                 called the Bronx alone.  So when we went to

                 Yankee Stadium, we sneaked and we didn't tell

                 her that we were there.

                            I recall a lot of things about him.

                 One, he played through pain.  I remember when

                 he had the bone spurs in his heel and a lesser

                 man would not have put on the cleats to play.

                 And Joe D stuck it out.

                            I recall that he could have had an

                 even greater career in terms of numbers, but

                 he did not shirk his responsibility to his

                 nation at time of war and went into the

                 service on behalf of his country.  But the

                 things that I remember most about him have to

                 do with grace, with dignity and with being the

                 kind of roll model that every kid every where

                 in America could identify with.

                            He was never seen in publicwithout

                 his suit and tie because he felt responsible

                 to set the example for the young kids who





                                                         1201



                 loved him so.  was, despite the greatness of

                 Will Mayes, despite the greatness of Micky

                 Mantle, despite the greatness of Duke Snyder

                 who had a thing going on in sports in New York

                 at onetime in terms of competition, the single

                 most graceful ballplayer who suited up in a

                 baseball uniform I have ever seen.

                            I remember one game that I did see.

                 They were playing the Washington Senators.

                 And I don't remember the player's name, but

                 his nickname was Jungle Jim. He was a Cuban.

                 And he was a left handed hitter and he hit a

                 shot to center field straightaway at the

                 statues.  And Joe D turned and with his back

                 to home plate gracefully strode and reached up

                 and caught the ball in full stride without

                 looking back.  It was breathtaking.  It was

                 heavenly.

                            So I went back to Brooklyn and I

                 practiced with a stick ball, running, trying

                 to do what Joe D had done.  It is sad to lose

                 him. It is sad to lose him.  But I'm glad that

                 we had him.

                            Thank you very much.

                            THE PRESIDENT:    The Chair





                                                         1202



                 recognizes Senator Paterson on the Resolution.

                            SENATOR PATERSON:    Thank you, Mr.

                 President.

                            And we would like to thank the

                 Majority Leader, Senator Bruno, for including

                 all the Members on this Resolution.  And would

                 also like to point out that in the ensuing

                 bill that anyone that wants to be on the bill

                 can goup and notify the desk that they would

                 like to be on the bill in honor of one of our

                 nation's great athletes and great people, Joe

                 DiMaggio, who Senator Waldon so eloquently

                 spoke of.

                            Of all of the records in baseball

                 that were thought never to be broken, somehow

                 they all were. Babe Ruth's 60 home run record,

                 Roger Marris's 61 home run record.  The record

                 of consecutive games played by Lou Gehrig was

                 just broken in the last couple of years.  And

                 yet the one major record that still stands

                 unbroken was the 56 game hitting streak, in

                 other words, getting a hit in 56 consecutive

                 games attained by Joe DiMaggio in 1941.  And a

                 little known fact is that in 1935 playing in

                 the minor leagues, Joe DiMaggio actually had a





                                                         1203



                 61 game hitting streak, the longest hitting

                 streak ever accrued by a baseball player in

                 the minor leagues.  And this was only matched

                 by his personal style and his eloquence.

                            There's a story that in 1989 after

                 the terrible earthquake that took place during

                 the World Series in San Francisco that Joe

                 DiMaggio was seen on line behind 200 people

                 trying to get information about his sister who

                 lives in the area of the earthquake, not even

                 trying to be first on line, not even trying to

                 be treated specially or in any way equal to

                 the greatness that was felt by people.  They

                 always would have stepped aside for him.  But

                 he actually never asked that.  So his humility

                 and his understanding of other people made him

                 just as great off the field as he was on the

                 field.

                            We are all very proud to go on the

                 Resolution, Senator Bruno.  And the nickname

                 we always thought you were joltin Joe, but I

                 guess --actually that was Joe DiMaggio's

                 reputation.

                            Just the other day in the New York

                 Times, George Vessie, the columnist, said that





                                                         1204



                 he was in a hotel once, he was in an elevator

                 and he saw Joe DiMaggio walking up to the

                 elevator.  And the elevator operator closed

                 the door right in front of him.  And the

                 elevator started descending and Vessie said to

                 the elevator operator do you know who you just

                 left up there?  And she said, "Sure I do.

                 That's Mr.Coffee."

                            So that was the kind of life that

                 he led and its terrific that we honored him.

                 And I'm very happy to see that he was honored

                 many times before this point.  So he ended his

                 life knowing how much people appreciated him.

                            THE PRESIDENT:    Questions on the

                 resolution.

                            All those in favor signifying by

                 saying aye.

                            (Response of "Aye.".

                            THE PRESIDENT:    Opposed, nay?

                            (No response.)

                            THE PRESIDENT:    The Resolution is

                 adopted.

                            Senator Bruno?

                            SENATOR BRUNO:    Mr. President,

                 can we return to reports of standing





                                                         1205



                 committees?  And I believe there's a report of

                 the Rules Committee at the desk.

                            THE PRESIDENT:    We will return to

                 the order of reports of standing committees.

                 There is a report of the Rules Committee at

                 the desk.

                            The Secretary will read.

                            THE SECRETARY:    Senator Bruno,

                 from the Committee on Rules reports the

                 following bill direct to third reading, Senate

                 Print 2405A, by Senator Maltese, an act to

                 amend the Highway Law in relation to

                 designating a portion of the state highway

                 system as to Joe DiMaggio Highway.

                            THE PRESIDENT:    The motion is to

                 accept the report of the Rules Committee.

                            All those in favor signify by

                 saying aye?

                            (Response of "Aye.").

                            THE PRESIDENT:    Opposed, nay?  No

                 response.)

                            THE PRESIDENT:    The report is

                 accepted.  The bills ordered directly to third

                 reading.

                            Senator Bruno?





                                                         1206



                            SENATOR BRUNO:    Mr. President,

                 can we at this time take up Calendar Number

                 326?

                            THE PRESIDENT:    The Secretary

                 will read Calendar Number 326.

                            THE SECRETARY:    In relation to

                 calendar Number 326, Senator Maltese moves to

                 discharge from the Committee on Rules Assembly

                 Bill Number 4559A and substitute it for the

                 identical third reading Calendar 326.

                            THE PRESIDENT:    Substitution's

                 ordered.  The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 326, by Member of the Assembly Silver,

                 Assembly Print 4559A, an act to amend the

                 Highway Law in relation to designating a

                 portion of the state highway system as the Joe

                 DiMaggio Highway.

                            THE PRESIDENT:    The bill's before

                 the House.

                            The Chair recognizes Senator

                 Maltese on the bill.

                            SENATOR MALTESE:    Mr. President,

                 the record of Joe DiMaggio speaks for itself.

                 Our Majority Leader has just touched upon the





                                                         1207



                 record in the Resolution that we've just

                 passed.  I think the fact that all the Members

                 of this House, in both political parties have

                 agreed to join together in recognition of Joe

                 DiMaggio tells us something about the man and

                 his life.

                            This is a simple bill on its face.

                 Its simply indicates that a portion of the

                 highway system from Battery Place to West 72nd

                 Street would be designated in the state

                 highway system as Joe DiMaggio Highway.

                            I share the Majority Leader's

                 reminiscences about Joe DiMaggio and some of

                 the things that were said by my colleague Al

                 Waldon.

                            I remember as a young boy being

                 brought to Yankee Stadium in the late thirties

                 and seeing Joe DiMaggio play together with

                 Tommy Henrick and Bill Dicky and other's names

                 that have now gone into history, but still

                 remain with many of us and remain a part of

                 baseball history and American history.

                            Joe DiMaggio in the midst of his

                 career, I believe in 1944, at the height of

                 his career enlisted to serve in the United





                                                         1208



                 States Army and served in the United States

                 Army air force.

                            He was a true American hero.  When

                 people speak of Joe DiMaggio, they don't only

                 speak about his baseball record.  The words

                 that keep coming up are grace, a consummate

                 gentleman, areal American hero.

                            He was content, as was indicated by

                 Senator Paterson, to remain in the background

                 many times.  To not grab for the spotlight.

                 He was apparently a modest,unassuming man who

                 sought deliberately to avoid the limelight and

                 carry on his life..

                            Mr. President, I'm proud to support

                 this bill.  We have distributed for

                 co-sponsorship to member of both houses.  It

                 presently has 40 co-sponsors.  If all other

                 members would wish to join, we would welcome

                 them as a fitting tribute to a real American

                 hero, a great American hero, Joseph Paul

                 DiMaggio.

                            THE PRESIDENT:    Senator

                 Marcellino on the bill.

                            SENATOR MARCELLINO:    Thank you,

                 Mr. President.





                                                         1209



                            And I also rise to just reflect a

                 little bit.  I heard about the death of Joe

                 DiMaggio when I was driving up from my home to

                 Albany.  And I couldn't help but reflect at

                 the moment about what my father has said when

                 I was a young fellow, was watching baseball

                 with him.  And we say Joe.  And I only saw Joe

                 play in his later years.  I didn't see him in

                 his prime.  Well, my father kept pointing out,

                 he said this is a young man with class.  This

                 is a young man who is a roll model for Italian

                 Americans.  And one that he said if you could

                 achieve only a portion of what this person

                 achieved, worked as hard as this person worked

                 and showed the same kind of demeanor in all

                 you could do in all your life's work, he says

                 you'll go a long way towards being a good

                 citizen.

                            I remembered that and I remember my

                 father's words.  He was very proud every time

                 Joe DiMaggio would come up and play a game

                 because he knew of the worth of the man and of

                 the quality of his behavior.  So I often have

                 told my children the same message that this is

                 a person who will be remembered for many





                                                         1210



                 years, not just for Mr. Coffee and not just

                 for other things, but for class and for

                 gentility.  And this kind of behavior that is

                 so lacking today in many of our sports

                 figures.

                            You have to remember the situation.

                 Joe DiMaggio, I think, made $100,000.  That

                 was the most I believe he ever made in his

                 entire career as a prime year.  In those years

                 if you had a good year your salary could go up

                 if you negotiated hard enough.  But if you

                 were off, they lowered your pay.  They reduced

                 salaries in those days.  I can't remember

                 seeing that happen in recent years with any

                 sports situation.  The salaries go up and up

                 regardless of the production of the figure.

                            Joe is a class act and something to

                 be thought of and something to remember and

                 someone to tell your children about because

                 this person really did a good thing.

                            Thank you, Mr. Chairman.

                            THE PRESIDENT:    Senator Rath on

                 the legislation.

                            SENATOR RATH:    Thank you, Mr.

                 President.





                                                         1211



                            Its moments like this in this

                 chamber that I've so often observed that we

                 share with each other some recollections and

                 vignettes that make all of us a little more

                 personally acquainted with each other.  And

                 this, of course, being a great moment

                 recollecting a great American hero is one of

                 those times.  And I'd like to share with you a

                 Rath family recollection of Joe DiMaggio.

                            My husband's uncle, Maurice

                 Sullivan, served with Joe DiMaggio in the

                 Second World War.  They were very close

                 personal friends. My husband, of course, being

                 a young boy and a Yankee fan thought there was

                 nothing more important or noting greater than

                 Uncle Sully's letters when they would talk

                 about his friend Joe DiMaggio.  Or the boxes

                 that would come from Uncle Sully with the

                 Yankee's memorabilia signed by Joe DiMaggio.

                 They're certainly part of the household

                 treasures in our household. And I would say

                 that of course the baseball, my children all

                 thought it was just any old baseball.  I was

                 always trying to retrieve the Joe DiMaggio

                 baseball from out of the kids or the dog





                                                         1212



                 because they both thought it was a nice ball

                 to play with.

                            Fortunately the ball remains in

                 tact and as we remember a great man like that,

                 I think, Senator Maltese, your bringing

                 forward the dedication of a segment of

                 highway, people will drive down that segment

                 of highway and their children will be in the

                 back seat and they'll be reading what's along

                 the side of the road and they'll say mom or

                 day, who was Joe DiMaggio.  And then there

                 will be an opportunity for that parent to say

                 the kinds of things that Senator Marcellino

                 has said, the kinds of comments made by our

                 Majority Leader and indeed Senator Waldon and

                 all of the Senators in this room who have

                 testified to a gentleman who was an example

                 and epitomized what we were looking for heros

                 in a time of our life when it was very

                 important to have strong American heros.

                            His legacy lives and will live long

                 after him.  And I'm just hopeful I can keep

                 the baseball out of the hands of the

                 grandchildren.

                            Thank you.





                                                         1213



                            THE PRESIDENT:    Senator Dollinger

                 on the bill.

                            SENATOR DOLLINGER:    Thank you,

                 Mr. President.

                            I rise.  I didn't know Joe

                 DiMaggio.  Never saw him play.  Never

                 collected his baseball cards.

                            I only rise today to look at the

                 irony of looking around this room and seeing

                 the abundance of green and recognize that on

                 this day when we celebrate our Irish heritage

                 we celebrate an Italian American, the son of

                 an Italian American fisherman.

                            And its a wonderful thing to look

                 around this chamber and see whose sitting next

                 to each other and recognize what it tells us

                 about America and what Joe D taught us about

                 American.

                            Skelos sits next Bruno.  Stachowski

                 sits next to Mendez.  Dollinger sits next to

                 Paterson.

                            There are places in the world where

                 people couldn't sit next to one another and in

                 fact, depending on how your name ended, what

                 the color of your skin was, what your ethnic





                                                         1214



                 or tribe was, you could be summarily executed.

                 And it still happens.  We need look no further

                 than Kosovo to realize that the melting pot,

                 the benefit that we have here, is one that is

                 not shared throughout the world.

                            The fact that we recognize an

                 Italian American hero on a day we celebrate

                 the Irish is really a tremendous demonstration

                 about what this country means and what this

                 state means.  Because if there is the upper

                 crust of the melting pot, it is right here in

                 New York.  It started in Ellis Island and it

                 continues on this day when we celebrate a

                 great Italian American on a day that we

                 celebrate Irish Americans.

                            THE PRESIDENT:    Senator

                 Schneiderman, on the bill.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Mr. President.

                            On behalf of my constituents in the

                 30th Senate District, the home of the Joe

                 DiMaggio Highway, I want to say how much I

                 appreciate the comments that have gone forth

                 today.  And its certainly one thing to reflect

                 in an era when professional athletes often





                                                         1215



                 display very little grace and humility.  And

                 often display a kind of arrogance that you

                 really don't want young people to emulate to

                 reflect on the life of someone like Joe

                 DiMaggio.

                            We are working very hard to

                 actually build the Joe DiMaggio Highway now.

                 There's a major reconstruction project under

                 way.  We're attempting to build a beautiful

                 park alongside the southern part of it and

                 hopefully with all of this continued support

                 we've got, we're getting from the state, we

                 will have a highway that is,if not as graceful

                 as Mr. DiMaggio, at least not something where

                 we will hear on the radio every day gridlock

                 on the DiMaggio Highway, hour long tie ups on

                 the DiMaggio Highway.

                            And I hope that the park which I

                 will continue to advocate for in this chamber

                 will get the support it needs and probably

                 will be able to provide a good location for a

                 statue at some point down the road.

                            I also note that my district also

                 extends into the Bronx and what we're very,

                 very honored and proud to have the highway in





                                                         1216



                 Manhattan, we're equally honored and proud to

                 make sure that the stadium Mr. DiMaggio graced

                 with his presence stays in the Bronx.

                            THE PRESIDENT:    Is there any

                 other member wishing to speak on the bill?

                            The Secretary will read the last

                 section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes 59.

                            THE PRESIDENT:    The bill is

                 passed.  Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 at this time could we take up the

                 non-controversial calendar?

                            THE PRESIDENT:    The Secretary

                 will read the non-controversial calendar.

                            THE SECRETARY:    Calendar Number

                 57 by Senator Farley, Senate Print 1222, an

                 act to amend the Banking Law in relation to

                 security interest.

                            THE PRESIDENT:    The Secretary

                 will read the last section.





                                                         1217



                            THE SECRETARY:    Section 2, this

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes 59.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 87 by Senator Stafford, Senate Print 774, an

                 act to amend the Public Authorities Law in

                 relation to authorizing the New York State

                 Olympic Regional Development Authority.

                            THE PRESIDENT:    There's a Home

                 Rule message at the desk.

                            The Secretary will read the last

                 section.

                            THE SECRETARY:    Section 2, this

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes 59.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 180 by Senator Padavan, Senate Print 1400, an





                                                         1218



                 act to amend the Penal Law in relation to

                 possession of gambling devices.

                            THE PRESIDENT:    The Secretary

                 will read the last section.

                            THE SECRETARY:    Section 5, this

                 act shall take effect on the first day of

                 November.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes 59.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar 207 by

                 Senator Skelos, Senate Print 965, an act to

                 amend the Domestic Relations Law in relation

                 to disinterested persons.

                            THE PRESIDENT:    The Secretary

                 will read the last section.

                            THE SECRETARY:    Section 4, this

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes 59.

                            THE PRESIDENT:    The bill is

                 passed.





                                                         1219



                            THE SECRETARY:    Calendar Number

                 210 by Senator Johnson, Senate Print 1531, an

                 act to amend the Domestic Relations Law in

                 relation to visitation rights to infant

                 grandchildren.

                            THE PRESIDENT:    The Secretary

                 will read the last section.

                            THE SECRETARY:    Section 2, this

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes 59.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 211 by Senator Lavalle, Senate Print 1621, an

                 act to amend the Domestic Relations Law and

                 the Family Court Act in relation to the

                 visitation rights of great-grandparents.

                            THE PRESIDENT:    The Secretary

                 will read the last section.

                            THE SECRETARY:    Section 3, this

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)





                                                         1220



                            THE SECRETARY:    Ayes 59.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 216 by Senator Balboni, Senate Print 1529, an

                 act to amend the General Obligations Law in

                 relation to notice provisions.

                            THE PRESIDENT:    The Secretary

                 will read the last section.

                            THE SECRETARY:    Section 2, this

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes 59.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 224 by Senator Libous, Senate Print 2101A, an

                 act to amend the Vehicle and Traffic Law in

                 relation to parking spaces for handicapped

                 persons.

                            THE PRESIDENT:    The Secretary

                 will read the last section.

                            THE SECRETARY:    Section 4, this

                 act shall take effect January 1.





                                                         1221



                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes 59.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 274 by Senator Farley, Senate Print 1780, an

                 act to amend the Public Officers Law in

                 relation to the power of the state legislators

                 to administer oaths of office.

                            THE PRESIDENT:    The Secretary

                 will read the last section.

                            THE SECRETARY:    Section 2, this

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes 59.

                            THE PRESIDENT:    The bill is

                 passed.

                            Senator Skelos, that completes the

                 reading of the non-controversial and I guess

                 controversial calendars.

                            SENATOR SKELOS:    Thank you, Mr.

                 President.  Is there any housekeeping at the

                 desk?





                                                         1222



                            THE PRESIDENT:    We're clean, sir.

                            SENATOR SKELOS:    There being no

                 further business, I move we adjourn until

                 Monday March 22nd at 3:00 p.m., intervening

                 days being legislative days.

                            THE PRESIDENT:    Without objection

                 the Senate stands adjourned until Monday March

                 22nd at 3:00 p.m., intervening days to be

                 legislative days.

                            (Whereupon, at 11:50 a.m., the

                 Senate Adjourned.)