Regular Session - February 28, 2000

                                                              764



                           NEW YORK STATE SENATE





                          THE STENOGRAPHIC RECORD









                             ALBANY, NEW YORK

                             February 28, 2000

                                 3:06 p.m.





                              REGULAR SESSION







                 SENATOR RAYMOND A. MEIER, Acting President

                 STEVEN M. BOGGESS, Secretary



















                                                        765



                           P R O C E E D I N G S

                            ACTING PRESIDENT MEIER:    The

                 Senate will come to order.

                            I ask everyone present to please

                 rise and repeat with me the Pledge of

                 Allegiance.

                            (Whereupon, the assemblage recited

                 the Pledge of Allegiance to the Flag.)

                            ACTING PRESIDENT MEIER:    In the

                 absence of clergy, may we bow our heads in a

                 moment of silence.

                            (Whereupon, the assemblage

                 respected a moment of silence.)

                            ACTING PRESIDENT MEIER:    Reading

                 of the Journal.

                            THE SECRETARY:    In Senate,

                 Friday, February 25th, the Senate met pursuant

                 to adjournment.  The Journal of Thursday,

                 February 24th, was read and approved.  On

                 motion, Senate adjourned.

                            ACTING PRESIDENT MEIER:    Without

                 objection, the Journal stands approved as

                 read.

                            Presentation of petitions.

                            Messages from the Assembly.







                                                        766



                            Messages from the Governor.

                            Reports of standing committees.

                            The Secretary will read.

                            THE SECRETARY:    Senator Goodman,

                 from the Committee on Investigations, Taxation

                 and Government Operations, reports:

                            Senate Print 1073A, by Senator

                 Johnson, an act to amend the Tax Law;

                            1229, by Senator Wright, an act to

                 amend the Tax Law;

                            1231B, by Senator Wright, an act to

                 amend the Tax Law;

                            1324A, by Senator Marcellino, an

                 act to amend the Tax Law;

                            6157, by Senator Stafford, an act

                 to amend the Tax Law and Chapter 501 of the

                 Laws of 1999;

                            And 6186, by Senator Trunzo, an act

                 to authorize the Holy Church of Christ.

                            All bills ordered direct to third

                 reading.

                            ACTING PRESIDENT MEIER:    Without

                 objection, all bills will be reported directly

                 to Third Reading.

                            Reports of select committees.







                                                        767



                            Communications and reports from

                 state officers.

                            Motions and resolutions.

                            Senator Seward.

                            SENATOR SEWARD:    Mr. President,

                 on behalf of Senator Nozzolio, I move that the

                 following bills be discharged from their

                 respective committees and be recommitted, with

                 instructions to strike the enacting clause.

                 These are Senate Bill Numbers 4167, 5099, and

                 6023.

                            ACTING PRESIDENT MEIER:    So

                 ordered.

                            SENATOR SEWARD:    And on behalf of

                 Senator Skelos, on page 21 I offer the

                 following amendments to Calendar Number 256,

                 Senate Print Number 973, and ask that the bill

                 retain its place on the Third Reading

                 Calendar.

                            ACTING PRESIDENT MEIER:    The

                 amendments are received, and the bill will

                 retain its place on the Third Reading

                 Calendar.

                            Senator McGee.

                            SENATOR McGEE:    Mr. President, on







                                                        768



                 page Number 17 I offer the following

                 amendments to Calendar Number 212, Senate

                 Print Number 6257, and ask that said bill

                 retain its place on the Third Reading

                 Calendar.

                            ACTING PRESIDENT MEIER:    The

                 amendments are received, and the bill will

                 retain its place on the Third Reading

                 Calendar.

                            SENATOR McGEE:    Mr. President, on

                 page Number 8 I offer the following amendments

                 to Calendar Number 57, Senate Print Number

                 1031D, and ask that said bill retain its place

                 on the Third Reading Calendar.

                            ACTING PRESIDENT MEIER:    The

                 amendments are received, and the bill will

                 retain its place on the Third Reading

                 Calendar.

                            SENATOR McGEE:    Mr. President, I

                 wish to call up my bill, Print Number 6276,

                 recalled from the Assembly, which is now at

                 the desk.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number







                                                        769



                 90, by Senator McGee, Senate Print 6276, an

                 act to amend the Education Law.

                            SENATOR McGEE:    Mr. President, I

                 now move to reconsider the vote by which this

                 bill was passed.

                            ACTING PRESIDENT MEIER:    Call the

                 roll on reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 42.

                            SENATOR McGEE:    Mr. President, I

                 now offer the following amendments.

                            ACTING PRESIDENT MEIER:    The

                 amendments are received.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President, I

                 believe there's a substitution at the desk.

                 Could we make it at this time.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read the substitutions.

                            THE SECRETARY:    On page 14,

                 Senator Bonacic moves to discharge, from the

                 Committee on Education, Assembly Bill Number

                 6849 and substitute it for the identical

                 Senate Bill Number 3590, Third Reading

                 Calendar 181.







                                                        770



                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 there's a privileged resolution, 3180, at the

                 desk, by Senator Connor.  May we please have

                 it read in its entirety and move for its

                 immediate adoption.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Resolution 3180 in its

                 entirety.

                            THE SECRETARY:    By Senator

                 Connor, Legislative Resolution Number 3180,

                 honoring the memory of New York State Senator

                 Leonard Price Stavisky.

                            "WHEREAS, Senator Leonard Price

                 Stavisky, the longest serving Democrat in the

                 New York State Legislature, passed away on

                 June 19, 1999, following a distinguished

                 34-year career in the State Senate and State

                 Assembly, and

                            "WHEREAS, Senator Leonard Price

                 Stavisky served his Queens constituents, as

                 well as the citizens of New York State, with

                 great dedication and passion, and was







                                                        771



                 well-known for his vast intellect, sense of

                 humor, and hands-on approach to public

                 service; and

                            "WHEREAS, Dr. Leonard Price

                 Stavisky, a university professor by

                 background, was elected to the State Assembly

                 in November 1965, took his seat in the

                 New York State Legislature in January 1966,

                 and served in the Assembly until his election

                 to the State Senate in an April 1983 special

                 election; and

                            "WHEREAS, Senator Leonard Price

                 Stavisky, who served for eight years as the

                 Chairman of the Assembly Committee on

                 Education, was perhaps best known in the

                 Legislature for his exceptional commitment and

                 advocacy in this issue area, as evidenced by

                 his overarching dedication to providing all

                 New Yorkers with the opportunity to obtain a

                 quality, affordable education.

                            "Senator Leonard Price Stavisky, in

                 addition to being acknowledged as one of the

                 Empire State's leading advocates for

                 education, gained national recognition in the

                 field, serving as Commissioner of the







                                                        772



                 Education Committee of the States, Chairman of

                 the Education and Labor Committee of the

                 National Conference of State Legislatures, a

                 consultant to the National Assessment of

                 Educational Progress, and as a member of the

                 national panel which formulated the annual

                 Gallup Poll on the public's attitude toward

                 public schools.

                            "Dr. Leonard Price Stavisky, who

                 served in several Senate Minority leadership

                 positions, also distinguished himself as a

                 legislator committed to open and responsive

                 government, dedicated to the pursuit of social

                 and economic justice for all people, and

                 determined to provide all New Yorkers with

                 access to decent health care, affordable

                 housing, meaningful employment, and safe

                 streets and neighborhoods; and

                            "WHEREAS, Dr. Leonard Price

                 Stavisky, a New York City native, began his

                 public service career in city government,

                 holding a variety of posts which included:

                 Deputy to the President of the City Council,

                 Acting President of the Council while serving

                 on the Board of Estimate, and as Commissioner







                                                        773



                 of the State Charter Revision Committee for

                 New York City, the panel that drafted the

                 City's new Constitution; and

                            "WHEREAS, Dr. Leonard Price

                 Stavisky also had more than 40 years of

                 experience in teaching and administration at

                 Columbia University, the State University of

                 New York, the City University of New York,

                 Colgate University, and many other educational

                 institutions in New York and across the

                 country.

                            "Dr. Leonard Price Stavisky held

                 three earned degrees:  a Bachelor of Science

                 in Social Science from City College of New

                 York, and both a Master of Arts and Doctor of

                 Philosophy from the Graduate Faculty of

                 Political Science of Columbia University; and

                            "WHEREAS, Throughout his long

                 academic and public service career, Senator

                 Leonard Price Stavisky was a frequent

                 contributor to academic journals and was

                 acknowledged as an expert in a variety of

                 issue areas, including education policy, the

                 struggle for civil rights in America, the

                 history and culture of Israel, the challenges







                                                        774



                 facing urban communities, and a wide range of

                 city, state, and national policy concerns.

                            "In addition to representing his

                 Queens constituents in the State Capitol,

                 Senator Leonard Price Stavisky took great

                 pride in volunteering his time to dozens of

                 local groups, including those designed to

                 support the elderly, children and families,

                 local libraries and arts organizations,

                 volunteer emergency services, and many other

                 important community efforts; and

                            "WHEREAS, Throughout his life and

                 career, Dr. Leonard Price Stavisky was the

                 recipient of many honors and awards for his

                 work in education, his dedication to his

                 community, and his untiring commitment to

                 making government work for the people it is

                 designed to serve.

                            "Dr. Leonard Price Stavisky,

                 recognized as a leader in the Democratic

                 reform movement, had a strong sense of

                 justice, was deeply dedicated to the

                 principles of participatory democracy, and

                 worked diligently to encourage greater citizen

                 involvement in the political arena.







                                                        775



                            "Despite his hectic and demanding

                 schedule as a public official, Dr. Leonard

                 Price Stavisky was a devoted husband, a proud

                 and loving father, and a man whose dedication

                 to his family took precedence over all things;

                 and

                            "WHEREAS, Senator Leonard Price

                 Stavisky is survived by his wife, the former

                 Toby Ann Goldhaar, and their son, Evan

                 Stavisky, both of whom are carrying on his

                 legacy of public service; and

                            "WHEREAS, Every citizen in New York

                 State has most certainly benefited in one way

                 or another from the deep dedication,

                 intelligence, and passion that State Senator

                 Leonard Price Stavisky brought to his work as

                 a legislator and public policymaker; now,

                 therefore, be it

                            "RESOLVED, That this Legislative

                 Body pause in its deliberations to celebrate

                 the life and contributions of the late

                 Dr. Leonard Price Stavisky, and to offer its

                 sincere condolences to his family; and be it

                 further

                            "RESOLVED, that copies of this







                                                        776



                 resolution, suitably engrossed, be transmitted

                 to Toby Ann Stavisky and Evan Stavisky."

                            ACTING PRESIDENT MEIER:    Senator

                 Connor.

                            SENATOR CONNOR:    Thank you, Mr.

                 President.

                            Let me say, before I begin, that

                 all of my colleagues, Mr. President, are

                 invited to join as sponsors of this

                 resolution.  So if we could do that without

                 objection.

                            ACTING PRESIDENT MEIER:    Senator

                 Marcellino.

                            SENATOR MARCELLINO:    Yes, Mr.

                 President.  The usual procedure should follow.

                 Anyone not wanting to be on the resolution,

                 just notify the desk.

                            ACTING PRESIDENT MEIER:    All

                 right, Senator Marcellino.  We'll follow our

                 custom in that regard.

                            Senator Connor.

                            SENATOR CONNOR:    Thank you.

                            Indeed, one of the great honors

                 I've had in serving in this body was the

                 chance to have as a colleague someone who, in







                                                        777



                 the institution of the Legislature, is indeed

                 legendary.  Leonard Stavisky is someone that I

                 remember reading about when I was much

                 younger, and he was the absolute number-one

                 advocate for public education in New York

                 State and in New York City.

                            In those days, I thought, gee, if I

                 could ever get to know him, that would be

                 certainly a good thing.  As I say, I did get

                 to know him, obviously, for these past years.

                            I remember before I was a State

                 Senator having to come -- coming up to Albany

                 really with a small delegation from Brooklyn

                 to meet with our Brooklyn legislators.  I

                 didn't really know much about what was going

                 on in Albany that day.  There did seem to be a

                 buzz going on.  Reading the paper on the way

                 up and seeing that there was going to be an

                 attempt to do something that had not been done

                 in more than a hundred years.  And that was -

                 I think it was a hundred years -- override a

                 Governor's veto.  And the bill was called the

                 Stavisky-Goodman Bill.

                            Indeed, Senator Stavisky, then a

                 member of the Assembly, then the chair of the







                                                        778



                 Education Committee, was the sponsor in the

                 Assembly.  And as Senator Goodman -- I guess

                 it was Roy's father was the Senate sponsor.

                 It was called the Stavisky-Goodman.

                            (Laughter.)

                            SENATOR CONNOR:    But the place

                 was abuzz, and I was amazed.  I couldn't get

                 in the galleries.  I remember peeking through

                 those windows to see my own then-State

                 Senator, who sat over there, Senator Bellamy,

                 debating on it.  And realizing that, gee, I

                 happened to be here -- and I didn't come to

                 see this -- on what proved to be a historic

                 day.

                            And indeed, you know, we've seen

                 this happen quite a few times since, a

                 Governor's veto being overridden.  But from

                 the standpoint, number one, of the educational

                 needs of the children of New York City, it was

                 an absolutely monumental day.

                            But indeed, something important to

                 those of who serve in this institution of the

                 Legislature, it was indeed the birth of the

                 modern Legislature.  It was the birth of

                 legislative independence.  Which succeeding







                                                        779



                 chief executives have often challenged but

                 have not succeeded in denying the people's

                 representatives in this Legislature of their

                 independent voice.  Indeed, one only need read

                 the press of the last few weeks to see how

                 prized and cherished that independence is in

                 the Legislature.

                            So, if you will, Senator Stavisky

                 was there at the birth of the modern

                 Legislature.  He helped bring about that

                 happening.  And for that, I think -- yes, the

                 fact that he is the longest serving Democratic

                 legislator in history, combining both houses,

                 is significant, more than significant.

                            But it's what he did.  He didn't -

                 Leonard Stavisky didn't just take up space in

                 Albany from 1966 until last June.  He was a

                 presence, he was here, he added his intellect,

                 he added his courage to our legislative

                 debates, to our efforts to accomplish things

                 here.

                            In his last months, when he was

                 clearly in failing health, he nevertheless, at

                 sometimes great effort, made it to conference,

                 made it to important committee meetings, made







                                                        780



                 it to the floor to lift his voice.  When he

                 couldn't lift his body from the chair, he

                 still lifted his voice for the things that he

                 believed so passionately in.

                            And all of us had enormous respect

                 for that.  We shall always remember that

                 example of what it means to be a member of

                 this body, to be a Senator.

                            I won't recount his illustrious

                 career.  The resolution, which was read in

                 detail, does that.  But one of the things I

                 think that epitomizes what Leonard Price

                 Stavisky meant -- and he was Mr. Education in

                 this Legislature for decades.  But he was the

                 recipient of the John Dewey Award, the highest

                 award bestowed by the teaching profession in

                 this state.  And one need only see the

                 company -- you know, there's an old saying,

                 you know them by the company they're in -- see

                 the others who received this award to

                 understand where Leonard Price Stavisky ranks

                 as an advocate for education.

                            Other awardees, honorees,

                 recipients of this award included Adlai

                 Stevenson, Eleanor Roosevelt, Herbert Lehman,







                                                        781



                 William O. Douglas, Hubert Humphrey, Cesar

                 Chavez, and Martin Luther King, Jr.  And if

                 that's not great company to be in,

                 particularly for a Democrat -- or for anyone,

                 I think -- that certainly is.  And Leonard

                 belonged there.

                            The one thing I learned, aside from

                 his career, on a personal note from Leonard

                 and from his wife, Toby, who we are now

                 honored to have as a colleague, and from Evan,

                 as I some years ago had my own family,

                 starting a dozen years ago, we would -- on

                 various travels and various occasions we'd be

                 in the company of the Staviskys.

                            And the example, in just discussing

                 what to do with kids -- and Evan wasn't such a

                 kid then, but he wasn't so old as he is now,

                 either -- they'd recount stories of their

                 family travels, which were similar to the

                 travels we were undertaking.  We'd say, "Oh,

                 gee, we're taking the boys here," and Toby

                 would say, "Oh, we did that once, and we

                 camped on the way."

                            And, you know, all the kinds of

                 things that a family that cares about each







                                                        782



                 other and understands that for all the great

                 things you do in the Legislature or whatever

                 career, your primary responsibility -- and

                 Leonard understood that.  His primary

                 responsibility, a role that he relished more

                 than any others, and it was apparent if you

                 talked to him, was that of a husband, a

                 devoted husband, and that of a proud and

                 devoted father.

                            And I could relate to that very,

                 very much.  And those of us who are privileged

                 to know Evan understand, having known his

                 father, knowing his mother, why he is such a

                 fine young man that shows such wonderful

                 promise in his devotion to public service.

                            So, Mr. President, on a personal

                 level, Leonard Stavisky was my friend.  I miss

                 him.  I shall always miss him.  But I'm

                 delighted to have had the experience of being

                 his friend, of being his colleague, and of

                 having worked with him.

                            So I move the resolution at this

                 time, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 LaValle.







                                                        783



                            SENATOR LAVALLE:    Thank you, Mr.

                 President.

                            I had the opportunity of knowing

                 Leonard Stavisky in two roles.  The first one

                 was in the time I was the executive director

                 of the Senate Education Committee and

                 Dr. Stavisky was the chair of the Assembly

                 Education Committee.  He -- on every education

                 issue he was on the point, he was very, very

                 focused, he was very, very tenacious.

                            At the end of the session, I was

                 always given the job, as the director, to go

                 over -- because of the different bills that

                 passed both houses, to go over and try and

                 match up to see what the Senate needed, what

                 the Assembly needed.  And at that time, before

                 the computers and E-mail and all of that,

                 people around here handed one another slips of

                 paper on what they wanted on a bill.

                            So I would go in and meet with

                 Dr. Stavisky, and he would tell me he would

                 want these five bills.  And I would say, okay,

                 that was reasonable.  Later on that afternoon,

                 I'd be walking down the hallway and he'd hand

                 me a slip of paper, and I'd put it in.  And







                                                        784



                 then, later in the day, another slip of paper.

                 And by the time you kept going, it was another

                 five bills or six bills, and so forth.  He was

                 a tough negotiator.  He was very tough on what

                 it was that he wanted.

                            I was quite surprised that he left

                 the Assembly to run for the Senate, because as

                 chair -- and he probably would have been chair

                 for life there in the Assembly because of the

                 job he did, the respect that he had -- not

                 only in New York State, but in various roles

                 and associations throughout the country.  And

                 I think it took a lot of courage to leave

                 there, knowing that the chances were somewhat

                 remote that he would be in a similar role in

                 this house.  But he did it.

                            It's a funny thing about life,

                 because Dr. Stavisky, who became Senator

                 Stavisky, was the ranking member on my

                 committee.  And we had, I think, a very good

                 relationship as chair and ranking member.  I

                 think we worked together for higher education

                 and did some good things.

                            And certainly he leaves a very,

                 very rich legacy in what he did in elementary







                                                        785



                 and secondary education, his role at the City

                 University, teaching, and the work that he did

                 as the ranking member on the Senate Committee

                 on Higher Education.

                            I think that's always something

                 really wonderful to leave to your family.  I

                 also really got to meet, at a very early age,

                 Leonard and Toby's son, Evan, who now is an

                 adult and very much involved in public

                 service.

                            So that's the thing about being a

                 member of this body and working in the

                 Legislature, the people that you meet.  It

                 extends -- you get to meet spouses, you get to

                 meet children, you get to see them grow up.

                 And, as on this occasion, we get to see, far

                 too often, some of our colleagues pass away.

                            So he has left his family, though,

                 a wonderful, wonderful legacy and has left his

                 successor a wonderful legacy to move forward

                 on.

                            ACTING PRESIDENT MEIER:    Senator

                 Marchi.

                            SENATOR MARCHI:    Mr. President, I

                 believe Senator Connor and Senator LaValle







                                                        786



                 were precisely on target.

                            I knew him very well, and I worked

                 with him on a very intimate basis, especially

                 when he was chairman of the Assembly -- chair

                 of the Assembly Education Committee.  And

                 Senator LaValle, of course, has had the

                 vantage position of being both high staff and

                 also a leading member of that same companion

                 educational field.

                            And I remember that we were joined

                 in special conferences, appointed by our

                 respective majorities, with other states to

                 establish chairs of political science in this

                 state.  So he was a tremendous institutional

                 pillar in both houses and in the Legislature

                 and in our combined efforts.

                            I don't know, maybe you can help us

                 out, but I remember there was one -- one

                 searing episode that I remember with great

                 clarity.  Do you recall when a City College

                 professor had been suspended and he suffered

                 all kinds of indignities and he was punished

                 and everything else?  He enlisted my

                 cooperation, and together we were able to

                 rectify and tear up that thing.  And I don't







                                                        787



                 remember the name, Senator -

                            SENATOR STAVISKY:    Professor

                 Kraus.

                            SENATOR MARCHI:    Professor Kraus.

                 What they did to this guy was really a crime.

                            And he enlisted my aid, and between

                 the two of us we swung our houses into

                 support.  And not only was the injustice

                 cured, but we effected compensation, because

                 he was entitled to it.  But it was -- he took

                 a very desperate case that had -- where he had

                 been victimized by society generally and

                 rectified it in such a way as to demand and

                 receive redress.

                            And I -- I'll never forget that.  I

                 might have momentarily just been confused on

                 the name, because I hadn't thought about it.

                 But it all came back to me when I heard

                 Senator Connor and Senator LaValle speak on

                 it.

                            So he's a wonderful person.  And I

                 know that he made heroic sacrifices to stay

                 with us until the very latest possible

                 opportunity.  And it would not have been

                 possible had it not been for his successor in







                                                        788



                 that seat.

                            So I think it's -- I'm very,

                 very -- I feel honored in being able to

                 participate in these observations, because he

                 was a great personal friend and a great, great

                 institutional force for the -- for education

                 generally, and everywhere.

                            So it's a wonderful thing we're

                 doing today.  And God bless him.

                            ACTING PRESIDENT MEIER:    Senator

                 Goodman.

                            SENATOR GOODMAN:    Mr. President,

                 I had an exceptional opportunity to work

                 closely and intimately with the distinguished

                 Senator from Queens for many years under

                 circumstances which are rather unique.

                            Governor Rockefeller and others

                 appointed a Charter Revision Commission for

                 the City of New York which came into existence

                 prior to 1975.  And that commission

                 deliberated for three years to bring about a

                 new city charter, which was ultimately

                 approved overwhelmingly by the voters of the

                 city in a referendum ballot.

                            During the course of our







                                                        789



                 examination from top to bottom of the city

                 government, Leonard Stavisky was one of the

                 most constructive members of that commission,

                 of which I had the privilege of serving as

                 chairman.  And we went all around the city

                 together on many various and sundry missions

                 to learn what was happening to various

                 departments of city government.

                            We also went to Europe together -

                 at our expense, I might add -- for the purpose

                 of studying three city governments:  one in

                 Stockholm, one in Belgrade, Yugoslavia, and

                 one in London.

                            The result was that by the time we

                 were through with this project, although

                 Leonard and I did not agree on all aspects of

                 the charter revision, we did find unified

                 purpose in the series of specific changes that

                 were recommended and overwhelmingly approved

                 by the city.

                            But equally important was the fact

                 that I got to know a man of exceptional

                 intellect and very rare character.  Leonard

                 was a giant in many respects.  He had a

                 keen -- obviously a very high IQ, which was







                                                        790



                 also in the service of a mind that was both

                 pragmatic and searching.  He had a sense of

                 the importance of our work and he pursued it

                 with tremendous fidelity.

                            I think Marty Connor has outlined

                 the fact that he was very conscientious, even

                 to the point where he was physically

                 debilitated.  These were years when he was in

                 full vigor.  And let me tell you, full vigor

                 for Leonard Stavisky had few parallels,

                 because he was a man of immense energy and

                 total dedication.

                            I must say to you that in working

                 with Leonard, at times when we disagreed he

                 was as formidable in opposition as he was when

                 we were in accord.  And when you went up

                 against Leonard, you went up against a

                 skillful debater whose oratorical skills are,

                 I think, to some extent legendary in this

                 chamber and in the Assembly.

                            He was a fabulous guy, and one whom

                 I shall surely miss.  I salute Toby and

                 congratulate her, as I've had occasion to do

                 before this meeting today, on her succeeding a

                 very unique man whose shoes are hard to fill.







                                                        791



                 But who better to fill them than a spouse who

                 probably is familiar with his foot size and is

                 aware of the way he tied his shoes, because

                 you couldn't have had a closer or more

                 wonderful relationship to your husband than

                 you did.

                            I don't know if Evan is within the

                 sound of my voice, but if he is, Evan, if you

                 can hear me, my friend, you have much to be

                 proud of.  Your heritage is indeed

                 distinguished.  And I trust that one day

                 perhaps you too will be gracing one of these

                 red leather chairs.  I hope at that point we

                 might persuade you to come on this side of the

                 aisle, but that's a matter that's unrelated to

                 this -

                            (Laughter.)

                            SENATOR GOODMAN:    I have a

                 feeling that might be difficult.

                            In any event, Len Stavisky was a

                 splendid Senator, a paragon of virtue and

                 goodwill, and a man who should in many ways be

                 emulated by those who follow in his footsteps.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator







                                                        792



                 Onorato.

                            SENATOR ONORATO:    Mr. President,

                 I rise to join my colleagues in paying special

                 tribute to Senator Stavisky.  I had the

                 privilege of joining this robust organization

                 the same year that Leonard did, in a special

                 election, a few months apart.

                            All of the wonderful things that

                 have been alluded to in the resolution are all

                 true, and they highlight all of his

                 accomplishments as a legislator and in

                 education.  But I worked with him very, very

                 closely in Queens County on nonlegislative

                 matters regarding the community life in our

                 area where wrongs were being done, and he was

                 a very, very effective Don Quixote who got

                 results.

                            There was no cause that he wasn't

                 willing to dig in on.  When there was a labor

                 dispute, he would join in, especially when the

                 Rockettes went out on strike.  He was very,

                 very instrumental in resolving that dispute

                 and getting it organized.

                            We had a high crime area in the

                 Bayside area and good parts of Queens County.







                                                        793



                 He organized town hall meetings where he would

                 have the shields put on so you could register

                 your car, and it cut down on the amount of

                 auto theft in the community.

                            But I relied on him a great deal

                 for his legislative expertise.  He had so much

                 knowledge as an Assemblyman.  And I came in as

                 a freshman Senator with no legislative

                 background whatsoever.  And every time I would

                 start to get up to say something, Leonard

                 would sort of calm me down a little bit.  He

                 says, "Now don't get excited, don't talk too

                 fast, and make sure of what you're going to

                 say."

                            So I remember really the first time

                 when I thought we had won our first successful

                 amendment on the floor, and that had to do

                 with the rent control and rent stabilization.

                 We're here debating -- and I think I was the

                 last one on the floor at the debate, and I

                 mentioned something about the tenants coming

                 up here to protect what little money that they

                 had, this wasn't going to cost the state

                 anything at all.

                            We wind up with the vote, and it







                                                        794



                 was 26 in favor of the amendment to 25 against

                 it.  And I jumped up, I says, "We finally won

                 something!"  Leonard pulled me down:  "Sit

                 down, putz.  You've got to get 31 in this

                 court."

                            (Laughter.)

                            But again, I enjoyed -- we enjoyed

                 many a dinner evening with Toby.  Evan wasn't

                 coming up at that time.  Leonard and I used to

                 practically room together.  When I was at the

                 Ramada and he was at the hotel right next door

                 to me, we spent many an enjoyable evening at

                 the dinner table afterward.

                            But Leonard was really such a

                 wonderful, wonderful dedicated family man.  He

                 loved Toby and Evan.  That was his real pride

                 and joy.  And it certainly wore off on both of

                 them.

                            I was running in my -- I had a

                 little primary, and who was there, in the

                 wheelchair, but Leonard Stavisky, Toby pushing

                 him, and Evan in front of them.  And everybody

                 in Bayside knows them all.  And whatever they

                 said, they said, "If it's good enough for

                 Leonard, it's good enough for me."  So thank







                                                        795



                 God I'm here again today making these remarks

                 about him.

                            But again, I want to congratulate

                 Senator Connor for bringing this resolution to

                 the floor.  And I want to tell Toby and Evan

                 that I loved their father very much, and I

                 love Toby and Evan.

                            Thank you.

                            ACTING PRESIDENT MEIER:    Senator

                 Paterson.

                            SENATOR PATERSON:    Thank you, Mr.

                 President.

                            I understand that Senator Goodman

                 is out of the chamber, but if anyone sees him

                 I want them to convey to him my outstanding

                 admiration for his idealism and perspicacity.

                 But I think that he has actually exceeded

                 himself when I inferred from his remarks that

                 he's suggesting that Evan Stavisky, who has a

                 fine political career in front of him, become

                 a candidate of the Republican Party against

                 his own mother.

                            (Laughter.)

                            SENATOR PATERSON:    And would

                 lose.







                                                        796



                            (Laughter.)

                            SENATOR PATERSON:    I want to say

                 that, in welcoming Toby Stavisky to the

                 Senate, that I've never seen a smoother

                 transition by any member of this body in the

                 way that she has come in and become a part of

                 things and become a leader in such a short

                 period of time, with a very similar point of

                 view to that of our lost Leonard, but at the

                 same time with a unique style and a very

                 independent approach to handling the issues

                 that we discuss in this chamber every day.

                            Leonard Stavisky is someone who I

                 became first familiar with in 1973 on that

                 legislative junket that he took to London and

                 to Belgrade, Yugoslavia, and to Oslo, Norway,

                 and also to Sweden.  Accompanying him was

                 Senator Goodman, as he pointed out in his

                 remarks, and also my father, who had just left

                 the State Senate at that particular time.

                            And they conducted a study of the

                 formulation of the different governments in

                 Europe and how the different cities conducted

                 business and made laws preparatory to the

                 Charter Revision Commission report that they







                                                        797



                 submitted in 1976 and was ratified by the

                 public in 1977.

                            At that time my parents, both of

                 them, told me about the Staviskys and the

                 wonderful discussions that they had with them

                 about ideas and concepts and doctrine and

                 government and how government should actually

                 work.  So it came as a thrill to me when I met

                 Leonard in 1985 when I was elected to the

                 State Senate.

                            I'm most familiar with his work as

                 the chair of the National Committee of State

                 Legislators' Education Caucus and also his

                 work on employment in that same body.  He was

                 someone that always had a unique approach to

                 issues, always a kind of thoughtful

                 presentation, almost as if he had considered

                 these issues long before they became

                 controversial.

                            And I think it's that type of

                 reasoning and that type of long-term strategy

                 for which I'll most remember him.  In

                 conferences he would often talk about what's

                 going to happen in the intervening years and

                 though what we might do might be somewhat







                                                        798



                 successful today, this is a problem that's

                 going to come up down the road.  He uniquely

                 was able to understand not only people but how

                 the different factors of government would

                 affect different people over the years.

                            And it's that same understanding of

                 people that I notice in his son, Evan, who has

                 done a lot of campaign work from time to time

                 and is always one that people enjoy working

                 with.  And in those types of situations it's

                 very easy to complain or have different types

                 of problems with what are really short-term

                 operations.  But whenever he has been at the

                 helm, there's always been a profound respect

                 for him.

                            And so what we really find when we

                 examine the Staviskys in toto is a family that

                 had three members, and now with two, that

                 dedicated themselves with a great deal of

                 skill and a rare type of understanding of

                 different people.  And it's something that is

                 unique to this body and unique to legislatures

                 all over the country, but it's something that

                 I think we can all really be happy to know

                 that we have served among these colleagues of







                                                        799



                 ours.

                            And in missing the late Senator

                 Stavisky, we could certainly understand that

                 he set a number of examples as a Senator and

                 as an Assemblyman, as a chair of a great

                 committee in the Assembly, the Education

                 Committee, that he set an example that I would

                 hope we would all want to uphold.

                            ACTING PRESIDENT MEIER:    Senator

                 Farley.

                            SENATOR FARLEY:    Thank you, Mr.

                 President.

                            I rise to pay tribute to a great

                 legislator.  You know, Senator Stavisky was

                 considered to be a giant in education,

                 particularly when I was active in the NCSL,

                 the Council of State Governments.  Nationally,

                 from his chairmanship in the Assembly, when

                 Leonard Stavisky spoke about education,

                 everybody listened.

                            He was always a gentleman, there's

                 no question about that, and a very classy guy.

                 And I have to -- I guess so much has been said

                 about Leonard Stavisky and what a unique

                 person he was and what a great father and







                                                        800



                 husband.  But, you know, let me just say this.

                 You have to admire his courage.  He was a very

                 courageous guy, particularly late in his

                 career, because he came in here in failing

                 health and did his job as a Senator.

                            And, you know, I have to pay

                 tribute to Senator Stavisky that is sitting

                 over there, because, Toby, you were always

                 there to make it possible for him to continue

                 to be a Senator and to do his job.  And

                 certainly you have to be very proud of what

                 you did, particularly in the latter part of

                 his life.  Not only -- you were certainly a

                 wonderful spouse and a wonderful mother, and I

                 think that's perhaps one of his greatest

                 assets, was you.

                            You know, we'll all miss Leonard

                 Stavisky, because he was a very unique person.

                 Seldom do you see somebody come from the

                 Majority in the Assembly to come over here in

                 the Minority.  But in both houses, he served

                 with dignity.  It didn't matter what the issue

                 was.  It wasn't necessarily whether it was a

                 Democrat or a Republican issue, Leonard looked

                 at what he thought was right and he voted the







                                                        801



                 way he thought it should be.

                            And I'll tell you, we're going to

                 miss him.  And, Evan, I know that you will

                 always miss your dad, but he was one

                 remarkable man.

                            ACTING PRESIDENT MEIER:    Senator

                 Lachman.

                            SENATOR LACHMAN:    I also want to

                 speak on this resolution and commend the

                 Minority Leader for offering it.

                            I was speaking to Senator Toby

                 Stavisky a couple of hours ago, and she

                 refreshed my memory about when I first met the

                 late Senator Leonard Stavisky.  I had just

                 begun teaching at CUNY, and Leonard was a very

                 distinguished professor and academic at the

                 time.  And he had a very difficult primary, I

                 believe.  One primary was thrown out, and he

                 had to run in a second primary.

                            And I had known of Professor

                 Stavisky as one of the leading academics in

                 the City University of New York before that.

                 The problem with running in the second primary

                 is the academic year had begun in September,

                 and he had a whole load of courses to teach.







                                                        802



                 And he didn't know what to do.

                            And I had tremendous esteem and

                 affection for the senior member of the

                 department at that time, and I went over to

                 him and I said, "Professor Stavisky, no

                 problem, I'll take your course load.  And

                 whether you win or you lose -- and I know

                 you're going to win -- I'll be proud to have

                 had some part in your election."  And Toby

                 reminded me of that.

                            When I arrived on the floor of the

                 Senate over four years ago, Leonard Stavisky

                 said to me, "It's partially because of you

                 that I was able to run for the Assembly at

                 that time.  Because I couldn't afford to pay

                 anyone to take these courses, to teach these

                 courses, and you generously offered to do

                 that."

                            Then, when I was a professor at

                 CUNY, I also met Assemblyman Stavisky, and

                 then Senator Stavisky, in a different role.

                 And we academics looked upon him as a real

                 giant, as a legislative genius who worked day

                 and night in the area of education.  Be it

                 elementary education, secondary education, or







                                                        803



                 higher education, no one, in the eyes of my

                 colleagues and me, could surpass Assemblyman

                 and then Senator Stavisky.

                            And let me go and note further, no

                 one, in my opinion, can fill the shoes of

                 Senator Leonard Stavisky as the chairman of

                 the Higher Education Committee and the

                 chairman of an Education Committee in the

                 Senate and the Assembly.

                            We're all delighted that Senator

                 Toby Stavisky is with us here and will be with

                 us for many, many years.  And we look forward

                 to Evan joining us so maybe we can have a

                 mother and son team -- but on the same side of

                 the aisle, Evan, that we're sure of -

                 eventually.

                            It's a pleasure to greet Senator

                 Toby Stavisky.  And in looking at her and

                 looking at Evan, it ignites the wonderful

                 memories we have of a truly great legislator

                 and an outstanding academic by the name of

                 Professor, Assemblyman, Senator Leonard

                 Stavisky.

                            ACTING PRESIDENT MEIER:    Senator

                 Volker.







                                                        804



                            SENATOR VOLKER:    Mr. President,

                 very briefly.

                            I was trying to think whether there

                 was anybody else here in my memory that served

                 with Leonard in both houses.  I was in the

                 Assembly when Leonard was there and was

                 elected in '72.  And then of course Leonard at

                 the time was in the Minority.  And then I

                 escaped to the Senate here in 1975 -- as some

                 of you know, in a rather interesting situation

                 that involved Nelson Rockefeller, in fact.

                 Well, I won't get into it, but the two of us

                 had our battles with Nelson Rockefeller.

                            But in 1975 -- and I had known

                 Leonard quite well.  Sometimes a little bit

                 intimidated by him, I think, because he was

                 a -- he could be kind of a tough debater on

                 certain things.  But we developed a very good

                 relationship.

                            When I was elected in '75, it was

                 February 2, 1975.  And on February 3rd, I came

                 here to the Senate.  And we were little

                 shorthanded at that time.  There were 32

                 Republicans, and one was sick, which meant we

                 were down to 31, which actually included me.







                                                        805



                 So that day -- the next day after I was

                 elected, I came here and was sworn in.

                            Well, Leonard, of course, by now is

                 the chairman of Education in the Assembly.

                 Well, what had happened is when I was in the

                 Assembly in '74, I had prefiled a bill, an

                 education bill, before the election relating

                 to the Buffalo City School District.  Now,

                 remember, I lost out on the '74 election, so I

                 came over to the Senate.

                            Well, the people in the city school

                 district decided they wanted that bill.

                 Unbeknownst to me, as I arrived in Albany,

                 they made an agreement which Leonard was

                 involved in.  They introduced the same bill in

                 the Senate that I had prefiled in the Assembly

                 as a Volker bill in the Senate, and Leonard

                 helped work it out with the chairman of the

                 Senate Education Committee, which of course

                 was Leon Giuffreda, and Senator LaValle, who

                 was his top aide at the time.

                            And I became the first legislator

                 in the history of the New York State

                 Legislature, as far as we know, to pass a bill

                 in his own name through both the Assembly and







                                                        806



                 the Senate on the first day that he came to

                 the Senate.

                            And that is an interesting story,

                 and Leonard -- the funny thing is, I didn't

                 realize it until I walked over to the

                 Assembly.  And Leonard was coming out of the

                 back room, and I said, "Leonard, how are you?"

                 He said, "Fine.  We just reported your bill."

                 I said, "What bill was that?"  He said, "You

                 know, the one you're going to pass in the

                 Senate."  He said, "I just want to tell you,

                 we miss you in the Assembly, but we're glad

                 you're over there in the Senate.  Goodbye,

                 you're going to have the bill passed through

                 both houses."

                            And so that was my first day in the

                 Senate, and Leonard helped work that out.

                            Leonard was a friend of mine for

                 all those years, really.  I got along very

                 well with Leonard.  As I said, he was

                 obviously extremely bright and a good debater

                 and a guy that had enormous knowledge of both

                 education and higher education.  I think one

                 thing -- I think we've talked a great deal

                 about education, but sometimes we also forget







                                                        807



                 that he knew a great deal about higher ed and

                 the entire area.

                            He was the kind of fellow I think

                 who was willing to stand up for what he

                 believed in, and yet at the same time, as has

                 been said, he was always a good friend.  And

                 he will certainly be missed.  And I think once

                 again, as I've said before, I guess I've been

                 here long enough that I've seen a lot of what

                 I call the towering people here in this

                 Legislature, and Leonard was surely one of

                 them.  And he certainly will be sorely missed.

                            But as has been said, I think we

                 all feel very honored we were even part of it

                 with Leonard, and we wish him -- we wish him

                 peace in the hereafter.

                            ACTING PRESIDENT MEIER:    Senator

                 Mendez.

                            SENATOR MENDEZ:    Mr. President, I

                 also want to join my colleagues in this very

                 deserved remembrance of Senator Stavisky.

                            Everything that has been stated

                 here today, it's a reality of such a

                 multifaceted individual.  But I myself, as a

                 Puerto Rican who had great concerns -- and







                                                        808



                 there were great concerns in my community -

                 concerning bilingual education, I was very

                 appreciative of the fact that his knowledge in

                 education also included -- included depth and

                 knowledge in depth about bilingual education

                 and the necessity to institute that

                 educational program to make certain that

                 Puerto Rican and Hispanic kids would in fact

                 be able to attain in school.

                            And one day I was talking to him

                 before session and I mentioned to him that I

                 didn't like being called Hispanic and I didn't

                 like being called Latina either, that I just

                 enjoyed tremendously being called Puerto

                 Rican.

                            So he came here that day to session

                 and he stood up to discuss something about

                 bilingual education, and he said "Hispanic."

                 So I turned around, and I don't think that any

                 one of my other colleagues noticed it -- he

                 said "Hispanic," so I turned around and I said

                 "Puerto Rican."  He kept on talking, and he

                 said, for a second time, "Hispanic."  And

                 again, I went "Puerto Rican."  Then, for the

                 third time, he said "Puerto Rican."  Then I







                                                        809



                 said "Good."

                            (Laughter.)

                            SENATOR MENDEZ:    And he took it

                 in his stride.

                            So that we're going to miss him.

                 We're going to miss his knowledge, his

                 legislative expertise, his friendship, and,

                 above all, being such a great debater here on

                 the floor.

                            So I must say, Mr. President, that

                 I was a very good wife, may my husband rest in

                 peace, but I have never, ever in my life seen

                 a wife that is so, so dedicated to the Nth

                 degree like Toby was.  I was amazed.  Once I

                 had to tell him -- you remember, Toby -- I

                 said to him, "My God, the best thing that you

                 have going for you is the wonderful wife that

                 you have."  So we're very happy that you're

                 serving here today.

                            And again, Mr. President, this -- I

                 feel very proud of joining all my colleagues

                 in remembering a very great man, a great

                 Senator, and a great friend.

                            Thank you.

                            ACTING PRESIDENT MEIER:    Senator







                                                        810



                 Montgomery.

                            SENATOR MONTGOMERY:    Thank you,

                 Mr. President.

                            I rise to join my colleagues in

                 memorializing our colleague Senator Stavisky.

                 And to say that because education was so

                 important to him, as you know -- education is

                 very important to all of us, I think -- he

                 understood, as we all do, how it is the

                 liberating factor in most of our lives.  Those

                 of us who don't have money, if we have

                 education at least we have something, and a

                 possibility.  And I think that he realized

                 that and therefore was a tremendous advocate.

                            I knew of him long before I met

                 him, because as an advocate for children's

                 issues and education, we all outside knew of

                 Stavisky before we even met him.  So we

                 certainly remember him fondly.

                            And I want to say that it is very a

                 propos that you are here, Toby, because I

                 realize that the two of you were soul mates

                 and partners in every sense of the word.  And

                 so we're happy that you have come to sort of

                 take the torch in this relay race started by







                                                        811



                 him and now being carried by you.  And

                 certainly at some point you're going to hand

                 that torch to your next relay partner, your

                 son, and we look forward to that.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Any

                 other Senator wish to be heard?

                            Senator Stavisky.

                            SENATOR STAVISKY:    First let me

                 thank everybody for their kind words on both

                 of the sides of aisle, and to Senator Connor

                 for sponsoring this resolution.

                            And let me thank everybody for

                 their kindness during the -- and their

                 friendship during the last eight or nine

                 months.  It's been a difficult period for me

                 because there are not very many of us.  I have

                 no brothers or sisters, and Leonard had no

                 brothers or sisters.  So that we have sort of

                 an extended family, and that certainly

                 includes many of the people who are here in

                 this chamber.

                            And people have referred to Evan,

                 and I perhaps ought to introduce him.  He is

                 our son, and somebody whom Leonard was very







                                                        812



                 proud of.

                            And with Evan is Kristen.  And

                 Marilyn Dyer is here.  Marilyn was Leonard's

                 secretary from 1984.  And in fact, her

                 husband, Pastor Dyer, spoke at the funeral.

                 And Iris is also here from the staff.

                            We were joined by Assemblywoman

                 Nettie Mayersohn, who was a good friend of

                 Leonard's as well.  This resolution,

                 incidentally, is being sponsored in the

                 Assembly by Assemblywoman Mayersohn and

                 Assemblyman Brian McLaughlin.

                            Rather than repeat what's been

                 said, it's -- when each person got up to

                 speak, I remembered all of the instances.

                            I remembered Professor Kraus, who

                 had been discharged from City College, went on

                 a hunger strike to protest fascism in the

                 1930s.  And he was fired.  And Leonard's

                 legislation provided that the City University

                 would pay him a salary based upon a projection

                 of what he would have earned had he not been

                 fired.

                            Professor Kraus was a very

                 interesting fellow.  But it became a cause for







                                                        813



                 Leonard.  It was, I think -- I was trying to

                 remember the year.  I think it was in the late

                 sixties, somewhere around 1967.  So this

                 happened a very long time ago.

                            Yes, we -- Leonard enjoyed his

                 service on the charter commission with Senator

                 Goodman.  Leonard was sort of the minority

                 leader of the charter commission, writing the

                 reports for the outer boroughs of Queens -- of

                 Queens, the Bronx, Brooklyn, and Staten

                 Island.  And he was very conscientious in

                 issuing minority reports as a member of the

                 charter commission.

                            And he served, of course, with

                 Senator Paterson's father.  And I too was on

                 that trip.  Senator Paterson, it was not a

                 junket, it was a study mission to London,

                 Stockholm, and Belgrade.  And we paid our own

                 way.

                            (Laughter.)

                            SENATOR STAVISKY:    Rather than

                 comment on what everybody has said, let me

                 just add a couple of things.

                            Travel was an interest of

                 Leonard's, and we spent many times traveling







                                                        814



                 to meetings of the National Conference of

                 State Legislatures or the Education Commission

                 of the states throughout the country.  Leonard

                 was proud to have visited 49 of the 50 states.

                            He enjoyed traveling.  He was

                 curious.  We spent a lot of time traveling

                 through this area here, looking for little

                 towns and hamlets that we had never been to,

                 just to go and drive around and explore and

                 look for new restaurants and what have you.

                            Leonard enjoyed his service here in

                 this chamber.  And the first day I came in

                 here in December I realized that I was sitting

                 in Leonard's chair.  It was the same chair.

                 And how could I tell?  It was so high up, my

                 feet didn't hit the floor.  They had to spin

                 it around so that I could sit in it.

                            Yes, he had problems the last

                 couple of years.  But I think he showed us how

                 to deal with adversity.  He enjoyed his

                 service here, and he did it -- nobody here

                 mentioned Leonard's sense of humor, which I

                 think, for those people who knew Leonard well,

                 he had a terrific sense of humor.

                            He enjoyed so many things connected







                                                        815



                 with the Legislature.  He enjoyed debating.

                 He enjoyed getting to know so many of the

                 people here in this chamber.  And I find

                 myself in committee meetings saying, when a

                 vote is about to be taken, what would Leonard

                 do?  What would Leonard say on this particular

                 bill?

                            Someone came up to me the first or

                 second week and said to me -- they heard me at

                 a committee meeting.  And this person said to

                 me, "You said exactly what your husband would

                 have said."  And I was very flattered, because

                 that's what I hope to be able to do.  I hope

                 to continue in Leonard's tradition.

                            And to summarize, let me say that I

                 think the best summary is a quotation I think

                 from one of Leonard's favorite historic

                 figures, Ben Franklin, who said that "You

                 don't appreciate the value of water until the

                 well is dry."

                            Thank you very much.

                            ACTING PRESIDENT MEIER:    The

                 question is on the resolution.  All those in

                 favor signify by saying aye.

                            (Response of "Aye.")







                                                        816



                            ACTING PRESIDENT MEIER:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 resolution is adopted.

                            Senator Marcellino.

                            SENATOR MARCELLINO:    Mr.

                 President, can we have the reading of the

                 noncontroversial calendar at this time.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read the noncontroversial

                 calendar.

                            THE SECRETARY:    Calendar Number

                 144, by Senator Stafford, Senate Print 773, an

                 act to amend the Environmental Conservation

                 Law, in relation to nonhazardous municipal

                 landfill.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 56.







                                                        817



                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 145 -

                            ACTING PRESIDENT MEIER:    Senator

                 Marcellino.

                            SENATOR MARCELLINO:    Can we just

                 delay for one minute the noncontroversial

                 reading.  Senator Connor would like to make a

                 presentation at this time.

                            ACTING PRESIDENT MEIER:    Senator

                 Connor.

                            SENATOR CONNOR:    Thank you, Mr.

                 President.

                            Just let me announce too as well to

                 all my colleagues that at the conclusion of

                 session today, we have some refreshments and

                 the Stavisky family will be in the Minority

                 Conference Room in Room 314.  And all my

                 colleagues are invited.

                            And on behalf of Senator Bruno and

                 myself, I would like to present this memorial

                 of Senator Stavisky to Senator Toby Stavisky

                 on behalf of all of my colleagues here.  We've

                 all signed it.  And I'll do that now.







                                                        818



                            (Applause.)

                            ACTING PRESIDENT MEIER:    The

                 Secretary will continue to read the

                 noncontroversial calendar.

                            THE SECRETARY:    Calendar Number

                 145, by Senator Stafford, Senate Print 775, an

                 act to amend the Environmental Conservation

                 Law, in relation to nonhazardous municipal

                 landfill closure.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 56.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 169, by Senator Johnson, Senate Print 757, an

                 act to amend the Penal Law, in relation to

                 establishing a presumption.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.







                                                        819



                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 56.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 206, by Senator Skelos, Senate Print 1075, an

                 act to amend the Social Services Law and the

                 Family Court Act, in relation to -

                            SENATOR MONTGOMERY:    Lay it

                 aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 239, by Senator Saland, Senate Print 2724, an

                 act to amend the Family Court Act, in relation

                 to judicial notification.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 90th day.

                            ACTING PRESIDENT MEIER:    Call the







                                                        820



                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 54.  Nays,

                 2.  Senators Duane and Montgomery recorded in

                 the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 242, by Senator Saland, Senate Print 4857, an

                 act to amend the Family Court Act and the

                 Executive Law, in relation to orders of

                 protection.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect on the 90th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 56.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 251, by Senator Rath, Senate Print 120, an act

                 to amend the Criminal Procedure Law, in







                                                        821



                 relation to prohibiting issuance.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect on the 30th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 56.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 252, by Senator Nozzolio, Senate Print 137, an

                 act to amend the Penal Law, in relation to

                 sexual performance by a child.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first day of

                 November.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 55.  Nays,

                 1.  Senator Montgomery recorded in the







                                                        822



                 negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 254, by Senator Hannon, Senate Print 813 -

                            SENATOR PATERSON:    Lay it aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 255, by Senator Balboni, Senate Print 859, an

                 act to amend the Penal Law, in relation to

                 increasing the criminal penalties for sexual

                 performances by a child.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 12.  This

                 act shall take effect on the first day of

                 November.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 56.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number







                                                        823



                 262, by Senator Libous, Senate Print 5633, an

                 act to amend the Penal Law, in relation to

                 parole for certain sex offenders.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first day of

                 November.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 56.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Marcellino, that completes

                 the reading of the noncontroversial calendar.

                            SENATOR MARCELLINO:    Thank you,

                 Mr. President.  Can we have the reading of the

                 controversial calendar.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read the controversial

                 calendar.

                            THE SECRETARY:    Calendar Number

                 206, by Senator Skelos, Senate Print 1075, an

                 act to amend the Social Services Law and the







                                                        824



                 Family Court Act, in relation to -

                            SENATOR MARCELLINO:    Mr.

                 President, can we lay that bill aside for the

                 day at the request of the sponsor.

                            ACTING PRESIDENT MEIER:    I'm

                 sorry, Senator.  The bill will be laid aside

                 for the day at the request of the sponsor.

                            THE SECRETARY:    Calendar Number

                 254, by Senator Hannon, Senate Print 813, an

                 act to amend the Criminal Procedure Law, in

                 relation to imposing plea bargaining

                 limitations.

                            SENATOR DUANE:    Explanation.

                            ACTING PRESIDENT MEIER:    Senator

                 Marcellino.

                            SENATOR MARCELLINO:    If we could

                 just hold for one minute.

                            Mr. President, can we lay Senator

                 Hannon's bill aside for the day, please, at

                 the request of the sponsor.

                            ACTING PRESIDENT MEIER:    Calendar

                 Number 254 will be laid aside for the day at

                 the request of the sponsor.

                            And, Senator Marcellino, that

                 completes the noncontroversial calendar.  I'm







                                                        825



                 sorry, the controversial calendar.

                            SENATOR MARCELLINO:    Mr.

                 President, is there any housekeeping at the

                 desk?

                            ACTING PRESIDENT MEIER:    No,

                 there is not.

                            SENATOR MARCELLINO:    Okay.  In

                 that case, Mr. President, on behalf of

                 Senator Bruno, in the name and in the memory

                 of Senator Leonard P. Stavisky, there being no

                 further business to come before the Senate, I

                 move we adjourn until Tuesday, February 29, at

                 3:00 p.m.

                            ACTING PRESIDENT MEIER:    In the

                 name and memory of Senator Leonard P.

                 Stavisky, the Senate stands adjourned until

                 Tuesday, February 29, at 3:00 p.m.

                            (Whereupon, at 4:15 p.m., the

                 Senate adjourned.)