Regular Session - November 29, 2000
SESSION November 29, 2000 REGULAR
6479
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
November 29, 2000
12:43 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: In the absence of
clergy, may we bow our heads in a moment of
silence.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Tuesday, November 28, the Senate met pursuant
to adjournment. The Journal of Monday,
November 27, was read and approved. On
motion, Senate adjourned.
THE PRESIDENT: 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 Lack,
from the Committee on Judiciary, reports the
following nomination:
As associate judge of the Court of
Appeals, Victoria A. Graffeo, of Altamont.
THE PRESIDENT: Senator Lack.
SENATOR LACK: Thank you, Madam
President. I rise to move the nomination of
Justice Victoria A. Graffeo as an associate
judge of the Court of Appeals.
Judge Graffeo's credentials have
been examined by the committee, they have been
found to be in excellent order. Her
background has been looked at exhaustively by
the committee. And she was interviewed and
appeared before the committee this morning.
The committee unanimously has moved the
nomination to the floor.
And before I yield for purposes of
a second, just a personal comment for one
short second. I am overjoyed that Governor
Pataki has nominated as an associate judge of
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the Court of Appeals a person from our
legislative family, and who will bring to the
Court of Appeals her entire wealth of
experience as a counsel for the New York State
Legislature. Governor, my congratulations.
Judge -- about to be Judge Graffeo,
my congratulations to you.
And I'm most honored to yield for
purposes of a second to the Majority Leader of
the New York State Senate, the Honorable
Joseph Bruno.
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Thank you, Madam
President. Thank you, Senator Lack,
colleagues.
Governor George Pataki, in his
wisdom, has been offering for confirmation for
the highest court, for high positions in this
state, outstanding and remarkable people. And
I'm happy to say as I stand here in support of
this nomination that he is continuing that
tradition with Judge Graffeo, serving on the
appellate division presently, before us for
confirmation.
And we welcome Judge Graffeo and
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her family -- dad, Ed; mom, Agnes; husband,
Ed, and the rest of the family.
And when you take a look -- those
that sat in committee were able to examine the
qualifications that bring Judge Graffeo to
this chamber -- her qualifications and her
experience, her commitment, her dedication are
second to none. So the Governor and we are
proud that such a truly outstanding individual
will go to the highest court in this state.
Great experience in the world
generally: she survived as counsel to Leader
Rappleyea in the Assembly, and I'm sure
learned a great deal; as solicitor general and
counsel to our attorney general, Dennis Vacco;
and served with distinction in so many ways as
Supreme Court judge presently on the appellate
division.
I know that we're joined by her
close friend, president of the Senate, now
Lieutenant Governor Mary Donohue, and so many
others. And her husband and I go back an
awful lot of years. Vicky I've known on a
personal basis, and I am as proud as I can be
that we're here confirming Vicky for the
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highest court of this state.
And I know I don't have to urge my
colleagues, because I know from what has gone
before that they're as proud as I am to
support Vicky Graffeo for the highest court of
New York State.
THE PRESIDENT: Senator Balboni.
SENATOR BALBONI: Madam
President, it is a joyous day here in the
Capitol, a joyous day in this chamber. It's
wonderful to look around the room and see so
many of my former colleagues from the
Assembly, the Assembly Minority, a proud place
to be. And Senate Minority Leader John Faso
is here with us, and so many of my friends and
colleagues.
And we're here because we have all
studied under the tutelage of Judge Graffeo.
She's provided all of us with her
intelligence, her wit, her dedication, her
hard work. It is rare in society that we find
someone of intelligence, hard work, and
dedication who does not seek the limelight,
who is content to be behind the scenes.
Vicky Graffeo's intelligence and
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dedication is truly the pillar beneath the
platform of our government. Whether it be
counsel in the Assembly, whether it be
solicitor general under the attorney general,
or whether being judge of the Supreme Court
Appellate Division, and now the Court of
Appeals, she brings a rare quality.
And thanks to the man who made this
appointment possible, Governor Pataki.
Governor Pataki continues to perhaps break
tradition, not waiting for a career of service
before elevating to a position that most
attorneys if not all attorneys wish that they
would one day ascend to.
I'm reminded of the old saying that
when one gives a flower, the fragrance stays
on the hand of he who bestows it. And so does
the excellence of this appointment reflect
upon Governor Pataki.
And Clarence Rappleyea, the former
leader of the Assembly Minority, a man who had
a knack for putting people together of talent,
of compassion, and commitment, he too deserves
much of the credit here. And Dennis Vacco,
for choosing this young woman at that time,
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and she continues to remain young in her
meteoric rise, Senator Ken LaValle and Senator
Kemp Hannon -- all these gentlemen should be
lauded for their selection.
Much has been said about Vicky's
intelligence and hard work, but I'd like to
speak to two aspects that perhaps people don't
focus on, aspects that have meant a lot to me
personally. In public life it's often
difficult to find a way to try to do the right
thing all the time and to avoid impropriety.
There are plenty of the statutes, but very
little guidance.
Over my 11 years as a public
official, when I've had a question about
ethics or about what the law in a particular
area is, I would pick up the phone and call
Vicky Graffeo. That's the confidence I have
in her, and she has given me her trust.
That's a talent you do not find often.
And the last aspect is that I was a
staffer also, and I know in this town and in
this place it's very easy to let your ego run
away with you, to actually believe your press
releases, to actually sit down and say I am
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greater than what I really am. Well, Vicky
Graffeo never lost that side of her. She knew
her position. She knew that she was there to
serve. She did so willingly and with
excellence.
I'll leave you with an old Arabic
saying. He who knows not and knows not that
he knows not is a fool; shun him. He who
knows not and knows that he knows not is
simple; teach him. He who knows not and knows
not that he knows is asleep; wake him. He who
knows not and knows that she knows is wise;
follow her. That's what we should do with
this nomination.
Thank you very much.
THE PRESIDENT: Senator Nozzolio.
SENATOR NOZZOLIO: Thank you,
Madam President. On the nomination.
Madam President and my colleagues,
I rise to join in the enthusiastic support and
praise of the nominee before us today. It is
not just with support and praise of Vicky
Graffeo's intelligence or her legal acumen,
but, as Senator Lack said, to have someone
from our legislative family rise to this
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preeminent position gives us all reason to
pause with great gratitude and admiration.
It's been stated and I think can't
be overstated that Vicky Graffeo's
intelligence, her clear and unique
understanding of state government, her
understanding of the law and her understanding
of how this whole process that we call the
state legislature and the legislative process
works and its interrelationship with the
background and history of the law, it's just
such a wonderful recipe for a qualified jurist
with what I know will be a long and
illustrious career.
I was so overjoyed when Governor
Pataki made this appointment, an appointment
I'm sure based as much from the heart as from
the head.
I think it would be remiss of me if
I did not state while I was up about the great
influence that former leader and Assemblyman
Rap Rappleyea has had on not just our nominee
but on so much of what has happened in state
government through these years. It's hard to
believe that that band of 52 or 55 or 57, the
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guerillas that were uncontrollable -- that, by
the way, as counsel, Vicky Graffeo had to
control us and keep us out of trouble, which
was in itself no small feat. But with Rap
having such a great recruit of what was to be,
as -- serving as our Assembly Minority Leader,
recruiting Governor Pataki into state
government.
Today, over half of our Senate
Majority was recruited or served directly
under Rap Rappleyea. The head of our state
operations, Jim Natoli, learned all about
state government at Rap's knee. Various
agency and department heads, many of whom are
here today and share all our enthusiastic
support and happiness over this appointment, a
number of members of the Court of Claims, and
now the second judge on our New York State
Court of Appeals.
I can say a lot about our first
judge from Rap's units that served on our
Court of Appeals, but frankly I know that
Vicky Graffeo will keep Dick Wesley on the
straight and narrow, as she did when he was an
Assemblyman and now I'm sure will do as a
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justice of the New York State Court of
Appeals.
Madam President, this appointment
is by far one of the happiest that I've ever
been involved with as part of the body that
confirms Governor Pataki's appointments.
Vicky Graffeo will serve New York, as she
already has, with great distinction. We're
all very proud of this confirmation. And I
move its endorsement.
THE PRESIDENT: Senator Hannon.
SENATOR HANNON: Madam President,
I rise to support this nomination.
For Judge Graffeo, this is the
penultimate step in the long process of
selection to be Court of Appeals judge. Under
this modern system we have, from reading and
meeting and making recommendations to the
Governor, to the bar associations, going
through interviews, interviews of the
potential candidates as well as the people who
recommend them, to the Governor making up his
mind, this has been a process of one based on
merit, based on intelligence, based on
accomplishment.
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And it is obvious from the prior
speakers, from the candidate herself, that she
possesses in an outstanding fashion all the
qualities needed to make a fine appellate
judge.
I was reading in the New York Bar
Association where Judge Bellacosa -- former
judge Bellacosa, now dean -- was reflecting on
his years in the court. And looking at the
range of topics that came before him, the
range of policies decided by him, I know that
what we do today sends Vicky Graffeo on an
uncharted course. And that's why I'm so glad
that the qualities that a judge needs she
possesses in great quantity.
She's focused, she's intelligent,
she's detailed. She has an enormous scope of
being able to know the policies and their
implications. She's a consensus builder, as
you can see from the comments of those who are
in this house who were in the Assembly and are
in attendance here today, members of the
Assembly who dealt with her on the issues of
the day.
She's a hard worker, which is going
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to be needed for the intense workload that the
Court of Appeals faces on a day-to-day basis,
and probably getting more intense as more and
more questions get referred to it, even by the
federal courts.
So that her service in the
legislative branch, her service in the
executive branch will now be met by also her
service in the judicial branch. And the good
news is that she will make, I think, the
policies of this state better for that
service. The bad news is she knows the
system.
I'm delighted that we're launching
you on this court. It's going to be a number
of years. New York's Court of Appeals has
been known as one of the finest courts of
common law jurisprudence, and I'm sure you
will be a notable addition to that tradition.
So congratulations to you, your
family, Rap Rappleyea, who sent us all on a
number of different courses.
And I thank you very much, Madam
President.
THE PRESIDENT: Senator Connor.
6493
SENATOR CONNOR: Thank you, Madam
President.
I'm delighted to stand in support
of the confirmation of Judge Vicky Graffeo to
the Court of Appeals. Her reputation as a
judge, her performance as a judge has been
exemplary. And her knowledge of the law, her
conscientious study and application of the
law, as well as her temperament, well suit her
to serve on this state's highest court.
And if anyone have any doubt on the
temperament side or if anyone would wonder why
she is so well suited to serve on the Court of
Appeals, I look at her resume and I know that
her experience as a counsel to the Minority
required the kind of patience and diligence,
willingness to listen to others that well
suits one to serve on the appellate bench.
Because all minorities are
similarly situated in this Legislature, and
the skills that it takes to accomplish things
there well suit one for being patient and good
listeners and for making good, sound
judgments.
So my congratulations to the judge,
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and I look forward to her many years of
service on the Court of Appeals for the people
of this state.
Thank you.
THE PRESIDENT: Senator Breslin.
SENATOR BRESLIN: Thank you very
much, Madam President. I first of all promise
I will not repeat Senator Balboni's quote.
More importantly, I rise as someone
who has appeared in front of Judge Graffeo,
someone who has been able to see firsthand the
qualities of Judge Graffeo.
Judge Graffeo in our community, the
Albany community, is one of the most highly
respected judges we have ever had. From the
appellate division chief judge, Tony Cardona,
a lifelong friend of mine, who spoke so
eloquently of her qualities and ability, to
the Supreme Court bench in our judicial
district, to the trial bar, universally they
talk about Judge Graffeo pointing up the
composite of what we would want a Court of
Appeals judge to be: someone who is very
bright, someone who gets there earlier than
the others and works later than others,
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someone who gains the respect of each side
when you're coming to a resolution of issues.
She really is someone that all of
us will remember this day when we confirmed
Judge Graffeo, because I am sure she will go
down with many of the most important names in
the history of our Court of Appeals. And I
commend the Governor for such a wise decision
in choosing Judge Graffeo.
Thank you very much, Madam
President.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: Thank you,
Madam President.
There's an old trial lawyer's saw
that I'm sure Judge Graffeo is familiar with
that says never ask a question of someone in a
courtroom unless you know what answer they're
going to give you.
And today I broke that little rule
and asked this future Court of Appeals judge a
question about the relationship between the
facility or the skills of a judge and the
confidence that we need to have in our courts
6496
and the effect that their decisions have on
the people that we represent.
Because it seems to me that the
most important thing that we need to do in
this state in certain situations is to support
the decisions of our judiciary, to give the
public confidence when they go into our
courtrooms, whether their liberty is at stake
or their property is at stake, that they can
have confidence that they're going to get an
impartial and fair opportunity to be heard
from a judge who's capable of dispensing true
justice.
I would commend Justice Graffeo,
soon to be Judge Graffeo, for her answer, and
I think she's absolutely correct. She talked
about the need for the courts to reach out to
people, educate people about the importance of
our judicial system as that third branch, that
third leg of the stool of government. She
talked about the need for jury service to get
more people involved in the court system. She
talked about the importance of direct contact
between the judges and the people out in their
community, the importance of community
6497
service, the importance certainly of service
in the bar.
All of which this aspiring Court of
Appeals judge has done. And I commend you on
that answer, and I think you may be giving the
lie to that old saw about don't ask a question
you don't know the answer to.
But, Judge Graffeo, I give you just
one other little piece of advice based on the
comments of my colleague from western New
York. Senator Nozzolio I think is absolutely
correct. There will be times when before you
in the Court of Appeals will be cases where
not only a Senator or an Assemblyman Nozzolio
or other members, current members of the
Senate, but even a then Assemblyman Wesley,
where you gave them advice when they were out
of line and needed to be brought back in
line -- there may be instances when you're
sitting as a judge in the Court of Appeals
where the Legislature will have gone out of
line, where the Legislature, because of our
need to deal with the problems of the day, may
have intruded on the rights that the people
kept to themselves under their state
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constitution.
Or you may reach that difficult
decision where we enact a piece of legislation
today that isn't consistent with one that we
enacted 30 years ago, much like the dilemma
faced by the Florida Supreme Court recently.
And I would just suggest, Judge
Graffeo, that you and your colleagues on the
Court of Appeals not be afraid to tell us, as
you may have told other members of the
Assembly when you were Assembly Minority
counsel, that the Legislature has done
something that is not constitutionally
permissible for it to do. Don't be afraid to
declare those laws unconstitutional and send
those problems back to us for further
consideration.
I have confidence based on your
experience in this Legislature that you will
have no fear of doing that. And in fact, on
behalf of the people that I represent who kept
certain powers to themselves under our state
constitution, I would ask you when appropriate
to do that and to send those problems back to
legislative debate if they've intruded on the
6499
people's constitutional rights.
Everything that has been said from
all of my colleagues, including Senator
Breslin, clearly demonstrates to me that you
have that capability and confidence and that
you will be a tremendous addition to what I
still believe is the best common law court in
this planet.
I commend you and wish you
Godspeed.
THE PRESIDENT: The question is
on the confirmation of Victoria A. Graffeo as
associate judge of the Court of Appeals. All
in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: Victoria A.
Graffeo is hereby confirmed as associate judge
of the Court of Appeals.
(Applause.)
THE PRESIDENT: Judge Graffeo, as
president of the Senate and as your former
colleague on the State Supreme Court bench, I
wish to congratulate you both personally and
6500
professionally, as well as your family, for
your outstanding achievements.
After having worked with you, I
know that your work ethic, your diligence,
your intelligence, and your commitment will
ensure that the people of the State of
New York will be served in an excellent manner
by your position on the New York State Court
of Appeals. Best wishes.
The Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following nominations:
As a member of the Board of
Trustees of the State University of New York,
Candace De Russy, of Bronxville.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move the
nomination, please.
THE PRESIDENT: The question is
on the confirmation of Candace De Russy, of
Bronxville, as a member of the Board of
Trustees of the State University of New York.
All in favor signify by saying aye.
(Response of "Aye.")
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THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The record will reflect that
Senator Dollinger voted in the negative on the
last confirmation.
The Secretary will read.
THE SECRETARY: As a member of
the Board of Trustees of the State University
of New York, Pamela R. Jacobs, of Buffalo.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move the
nomination.
THE PRESIDENT: The question is
on the confirmation of Pamela R. Jacobs, of
Buffalo, as a member of the Board of Trustees
of the State University of New York.
Senator Lachman.
SENATOR LACHMAN: Yes. I will be
voting for the renomination of Trustee Jacobs,
as I have for Candidate De Russy.
But I would like to raise an issue
that I raised in the Higher Education
Committee that I think is pertinent to the
6502
SUNY Board of Trustees members. And that
issue involves university-wide regulations to
combat bias on State University and City
University campuses throughout the state of
New York.
As you're probably aware, there
have been a series of anti-Semitic incidents
during this academic year, starting on
September 3rd, as there was an
anti-Asian-American incident in the spring
semester of last year.
Now, there is no question that this
is not limited to SUNY. There have been
incidents of anti-Semitic graffiti and tearing
down of mezuzahs appearing in campuses
throughout the country, from the East Coast,
Washington, D.C., to the Midwest, Illinois, to
Arizona and to California.
We are now facing some very serious
international problems. And whoever the next
president will be, he will have to tackle it
and handle it, especially the problem in the
Middle East in terms of warfare between the
Palestinians and the Israelis.
What concerns me is that the
6503
incidents at Binghamton started before the war
in the Middle East started. And what also
concerns me is that there does not appear to
be university-wide regulation in place to
bring about an educational process that might
perhaps prevent these incidents and then,
after these incidents occur, to have a
standard at the different campuses for
administrators, students, and faculty to
follow.
Now, I say this with a great deal
of respect for the State University of
New York. It is, in population and size, the
largest state university in the country.
There has been a major attempt in terms of
reinstating standards there, as there has been
in CUNY.
But at the same time, I think that
it is incumbent upon the Board of Trustees of
the State University of New York to establish
university-wide standards relating to bias
issues, regardless of what group it concerns.
It might be Jews today, Catholics tomorrow,
African-Americans, Latinos and
Asian-Americans.
6504
And I assume and I hope that with
the support of the chairman of the Higher
Education Committee, Senator LaValle, the
chancellor and the chairman of the Board of
Trustees will move in this direction.
Thank you.
THE PRESIDENT: The question is
on the confirmation of Pamela R. Jacobs as a
member of the Board of Trustees of the State
University of New York. All in favor signify
by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the State Board of Parole, Roslyn W. Block, of
Commack.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Roslyn W. Block as a
6505
member of the State Board of Parole. All in
favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the New York State Energy Research and
Development Authority, Vincent A. DeIorio, of
White Plains.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Vincent A. DeIorio as a
member of the New York State Energy Research
and Development Authority. All in favor
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
6506
The Secretary will read.
THE SECRETARY: As a member of
the New York State Housing Finance Agency,
John L. DiMarco, of Pittsford.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of John L. DiMarco as a
member of the New York State Housing Finance
Agency. All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Buffalo and Fort Erie Public Bridge
Authority-Peace Bridge, Paul J. Koessler, of
Buffalo.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: The question is
6507
on the confirmation of Paul J. Koessler as a
member of the Buffalo and Fort Erie Public
Bridge Authority-Peace Bridge. All in favor
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Metropolitan Transportation Authority,
Peter S. Kalikow, of New York City.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Peter S. Kalikow as a
member of the Metropolitan Transportation
Authority. All in favor signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: Senator Lachman.
6508
SENATOR LACHMAN: Yes. I'd like
to speak on behalf of this nominee. I believe
that the chairman of the Transportation
Committee is not here today.
Peter Kalikow has had a
distinguished record in business, finance, and
commerce as publisher of one of New York's
major newspapers, the New York Post.
Unfortunately, he could not be here today.
But in a telephone conversation yesterday, he
will be meeting in the near future with
Senator Trunzo and with me to discuss
transportation issues.
My major concern, in light of the
defeat of the transportation bond issue, is
the future of MTA and the services that they
provide to the people of the City of New York.
Thank you.
THE PRESIDENT: The question
again is on the confirmation of Peter Kalikow
as a member of the Metropolitan Transportation
Authority. All in favor signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
6509
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Power Authority of the State of New York,
Timothy Carey, of Montrose.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: The question is
on the confirmation of Timothy Carey as a
member of the Power Authority of the State of
New York. All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Central New York Regional Transportation
Authority, G. Joseph Chalifoux, of Fulton.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
6510
confirmation.
THE PRESIDENT: The question is
on the confirmation of G. Joseph Chalifoux as
a member of the Central New York Regional
Transportation Authority. All in favor
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Port of Oswego Authority, Mary E. McGowan,
of Oswego.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: The question is
on the confirmation of Mary E. McGowan as a
member of the Port of Oswego Authority. All
in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
6511
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Board of Trustees of the State University
of New York College of Environmental Science
and Forestry, Stephen F. Sloan, of West
Fulton.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: The question is
on the confirmation of Stephen F. Sloan as a
member of the Board of Trustees of the State
University of New York College of
Environmental Science and Forestry. All in
favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the State Environmental Board, Sarah J.
6512
Meyland, of Huntington.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: The question is
on the confirmation of Sarah J. Meyland as a
member of the State Environmental Board. All
in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Correction Medical Review Board, Robert J.
Muller, of Queensbury.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: The question is
on the confirmation of Robert J. Muller as a
member of the Correction Medical Review Board.
All in favor signify by saying aye.
(Response of "Aye.")
6513
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Small Business Advisory Board, Judith B.
Russell, of Albion.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: The question is
on the confirmation of Judith B. Russell as a
member of the Small Business Advisory Board.
All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As members of the
Allegany State Park, Recreation and Historic
Preservation Commission, William Fox, of Cuba,
and Wayne R. Grossman, of Bemus Point.
6514
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: The question is
on the confirmation of William Fox for
reappointment as a member of the Allegany
State Park, Recreation and Historic
Preservation Commission, and for Wayne R.
Grossman for a new appointment as a member of
the Allegany State Park, Recreation and
Historic Preservation Commission. All in
favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominees are
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Finger Lakes State Park, Recreation and
Historic Preservation Commission, William D.
Leonard, of Waterloo.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
6515
THE PRESIDENT: The question is
on the confirmation of William D. Leonard as a
member of the Finger Lakes State Park,
Recreation and Historic Preservation
Commission. All in favor signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Lake George Park Commission, Roger H.
Phinney, of Queensbury.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: The question is
on the confirmation of Roger H. Phinney as a
member of the Lake George Park Commission.
All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
6516
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Taconic State Park, Recreation and
Historic Preservation Commission, Clara E.
Kellner, of Germantown.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: The question is
on the confirmation of Clara E. Kellner as a
member of the Taconic State Park, Recreation
and Historic Preservation Commission. All in
favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Stewart Airport Commission, Thomas
Schaaff, of Middletown.
THE PRESIDENT: Senator Stafford.
6517
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: The question is
on the confirmation of Thomas Schaaff as a
member of the Stewart Airport Commission. All
in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As members of the
Fire Fighting and Code Enforcement Personnel
Standards and Education Commission, Charles
Morello, of Lockport, and James E. Oare, of
Johnstown.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: The question is
on the confirmation for the appointment of
Charles Morello and the reappointment of James
E. Oare as members of the Fire Fighting and
Code Enforcement Personnel Standards and
6518
Education Commission. All in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominees are
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Board of Trustees of the New York State
Higher Education Services Corporation, Philip
M. Williams, of New Hartford.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: I yield to the
good Senator from Oneida.
THE PRESIDENT: Senator Meier.
SENATOR MEIER: Thank you, Madam
President.
I'd like to move the confirmation
of Phil Williams as a member of the Board of
Trustees of the Higher Education Services
Corporation.
He's noteworthy because he is the
president of a two-year private college, the
Utica School of Commerce, founded by his
6519
great-grandfather in 1896. That is an
extraordinary commitment to education, to
making education affordable and accessible to
this state. He and his family have a
distinguished record, and I'm very proud to
move his confirmation.
THE PRESIDENT: The question is
on the confirmation of Philip M. Williams as a
member of the Board of Trustees of the New
York State Higher Education Services
Corporation. All in favor signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
And I acknowledge the presence of
Philip M. Williams and extend on behalf of the
Senate our sincere congratulations and best
wishes.
(Applause.)
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: As director of
6520
the New York State Urban Development
Corporation, Joseph H. Holland, of New York
City.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Joseph H. Holland as a
director of the New York State Urban
Development Corporation. All in favor signify
by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the New York State Office of Science,
Technology and Research Advisory Council,
Erland E. Kailbourne, of Williamsville.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
6521
on the confirmation of Erland E. Kailbourne as
a member of the New York State Office of
Science, Technology and Research Advisory
Council. All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As members of the
Advisory Council on Agriculture, Charles P.
Bailey, of Williamson; Leslie L. Cole, of
Livonia; Joy D. Crist, of Walden; John A.
Noble, of Pavilion; and Edward C. Swartz, of
Castleton.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation, as members of the
Advisory Council on Agriculture, of Charles P.
Bailey, Leslie L. Cole, Jr., Joy D. Crist,
John E. Noble, and Edward C. Swartz. All in
favor signify by saying aye.
6522
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominees are
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Advisory Council on Alcoholism and
Substance Abuse Services, John B. Wingate, of
Huntington.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of John B. Wingate as a
member of the Advisory Council on Alcoholism
and Substance Abuse Services. All in favor
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
6523
the Advisory Council to the Commission on
Quality of Care for the Mentally Disabled,
Adam Denenberg, of Albany.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Adam Denenberg as a
member of the Advisory Council to the
Commission on Quality of Care for the Mentally
Disabled. All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Citizens' Policy and Complaint Review
Council, Douglas E. Landon, of Amsterdam.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Douglas E. Landon as a
6524
member of the Citizens' Policy and Complaint
Review Council. All in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As members of the
Public Health Council, Joseph A. Cimino, of
North Tarrytown; Judith Dicker, of Jamaica
Estates; and Suzanne D. Rose, of Gloversville.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Joseph A. Cimino,
Judith Dicker, and Suzanne D. Rose as members
of the Public Health Council. All in favor
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominees are
6525
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the State Hospital Review and Planning
Council, Bruce G. Blower, of Huntington
Station.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Bruce G. Blower as a
member of the State Hospital Review and
Planning Council. All in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As members of the
Board of Visitors of the Central New York
Developmental Disabilities Services Office,
June C. McCarrell, of Ilion, and Arthur P.
Pagano, of Little Falls.
6526
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: Thank you,
Senator.
The question is on the confirmation
of June C. McCarrell and Arthur P. Pagano as
members of the Board of Visitors of the
Central New York Developmental Disabilities
Services Office. All in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominees are
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Board of Visitors of the Mohawk Valley
Psychiatric Center, Richard Lallier, of
Verona.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
6527
on the confirmation of Richard Lallier as a
member of the Board of Visitors of the Mohawk
Valley Psychiatric Center. All in favor
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Sunmount Developmental Disabilities
Services Offices, Paul A. Maroun, Esquire, of
Tupper Lake.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Paul A. Maroun as a
member of the Sunmount Developmental
Disabilities Services Office. All in favor
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
6528
THE PRESIDENT: The nominee is
hereby confirmed.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Nozzolio.
SENATOR NOZZOLIO: Thank you,
Madam President.
I wish to call up my bill, Print
Number 4021A, recalled from the Assembly,
which is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1257, by Senator Nozzolio, Senate Print 4021A,
an act to amend the Criminal Procedure Law and
the Penal Law.
THE PRESIDENT: Senator Nozzolio.
SENATOR NOZZOLIO: Madam
President, I move to reconsider the vote by
which this bill was passed and ask that the
bill be restored to the order of third
reading.
THE PRESIDENT: The Secretary
6529
will call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
SENATOR NOZZOLIO: Madam
President, I now move to recommit Senate Print
Number 4021A, Calendar Number 1257, to the
Committee on Rules.
THE PRESIDENT: So ordered.
Senator Nozzolio.
SENATOR NOZZOLIO: Madam
President, I wish to call up, on behalf of
Senator Goodman, Print Number 8200, recalled
from the Assembly, which is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1725, by Senator Goodman, Senate Print 8200,
an act to amend the Penal Law and the Criminal
Procedure Law.
SENATOR NOZZOLIO: Madam
President, I move to reconsider the vote by
which this bill was passed and ask that it be
restored to the order of third reading.
THE PRESIDENT: The Secretary
will call the roll on reconsideration.
6530
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
SENATOR NOZZOLIO: Madam
President, I now move to recommit Senate Print
Number 8200, Calendar Number 1725, to the
Committee on Rules, on behalf of Senator
Goodman.
THE PRESIDENT: So ordered.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time take up the Resolution
Calendar.
THE PRESIDENT: All in favor of
adopting the Resolution Calendar signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The Resolution
Calendar is adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
there are two privileged resolutions by
Senator DeFrancisco, and I ask that the titles
be read and move for their immediate adoption.
6531
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
DeFrancisco, Legislative Resolution Number
5133, honoring Margaret Hanousek upon the
occasion of her retirement as director of the
Displaced Homemakers Program in Onondaga
County.
THE PRESIDENT: The question is
on the resolution. All in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
The Secretary will read.
THE SECRETARY: By Senator
DeFrancisco, Legislative Resolution Number
5134, commending the Syracuse Symphony
Orchestra upon the occasion of celebrating its
40th anniversary.
THE PRESIDENT: The question is
on the resolution. All in favor signify by
saying aye.
6532
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
there is a privileged resolution at the desk
by Senator Goodman. I ask that the title be
read and move for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Goodman, Legislative Resolution Number 5135,
honoring E. John Rosenwald upon the occasion
of his designation for special recognition as
an exemplary citizen of the State of New York.
THE PRESIDENT: The question is
on the resolution. All in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
6533
Senator Bruno.
SENATOR BRUNO: Madam President,
I believe there's another resolution at the
desk, by Senator Larkin. I ask that the title
be read and move for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Larkin, Legislative Resolution Number 5137,
mourning the death of Raymond T. Schuler, New
York State's first Transportation Commissioner
and a founder of the State Business Council.
THE PRESIDENT: The question is
on the resolution. All in favor signify by
saying aye.
Senator Larkin, first.
SENATOR LARKIN: Madam President,
Raymond Schuler was a very distinguished
member of the state government of the State of
New York, going way back into the fifties. He
served under three governors. He put together
one of the greatest organizations in the state
of New York after leaving government service.
Today we call it the Business Council.
Ray Schuler was an individual who
6534
touched people from all walks of life. I was
privileged to call him a friend and a
constituent. Ray Schuler never knew the word
no. He always would try to resolve problems,
whether they came to the state, as
commissioner of transportation, or to his
respective region.
He was known and respected
throughout the state of New York and outside
of it. He was a Democrat who was picked by
Republicans, not because of his label but
because of his quality of knowledge and
expertise. His service to the state was of
the highest order.
He will be dearly missed. May he
rest in peace.
THE PRESIDENT: The question is
on the resolution. All in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
All of the members' names will be
6535
added to that resolution unless you notify the
desk otherwise.
Senator Bruno.
SENATOR BRUNO: Madam President,
I believe that there is a privileged
resolution at the desk by Senators Bruno and
LaValle. And I would ask that the title be
read and move for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator Bruno,
Legislative Resolution Number 5136, honoring
and paying tribute to the distinguished and
remarkable life of Dr. Rudolf Sturm, scholar
and educator.
THE PRESIDENT: The question is
on the resolution. All in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
6536
can we ask for an immediate meeting of the
Finance Committee in the small conference
room.
THE PRESIDENT: There will be an
immediate meeting of the Finance Committee in
the small conference room.
Senator Bruno.
SENATOR BRUNO: And, Madam
President, can we ask that the Senate stand at
ease pending the return of the Finance
Committee, which I trust will be within
seconds if not minutes.
THE PRESIDENT: The Senate stands
at ease.
(Whereupon, the Senate stood at
ease at 1:36 p.m.)
(Whereupon, the Senate reconvened
at 1:50 p.m.)
THE PRESIDENT: The Senate will
come to order.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we return to the reports of standing
committees. I believe that there is a report
of the Finance Committee at the desk. I ask
6537
that it be presented and read at this time.
THE PRESIDENT: Reports of
standing committees.
The Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following nomination:
As a member of the New York State
Office of Science, Technology and Academic
Research Advisory Council, Richard A. Lippe,
of Woodbury.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Richard A. Lippe as a
member of the New York State Office of
Science, Technology and Academic Research
Advisory Council. All in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
6538
Senator Bruno.
SENATOR BRUNO: Madam President,
is there any housekeeping at the desk or any
other matters that we should be attending to?
THE PRESIDENT: No, there is not,
Senator.
SENATOR BRUNO: Then, Madam
President, there being no further business to
come before the Senate, I would suggest that
we stand adjourned, subject to the call of the
Majority Leader, intervening days being
legislative days.
And I'll take this opportunity, if
we don't find ourselves back in the chamber,
to wish everyone a very merry Christmas and a
happy New Year.
Thank you, Madam President.
THE PRESIDENT: On your motion,
Senator, the Senate stands adjourned until the
call of the Majority Leader.
Happy holidays.
(Whereupon, at 1:56 p.m., the
Senate adjourned.)