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
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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.
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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.
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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
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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
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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.
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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
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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
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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
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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
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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.
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"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
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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
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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
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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
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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.
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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
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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
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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
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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.)