Regular Session - January 22, 2003
237
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
January 22, 2003
11:47 a.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
please 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 each 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, January 21, the Senate met pursuant
to adjournment. The Journal of Sunday,
January 19, 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
DeFrancisco, from the Committee on Judiciary,
reports the following nomination:
As Associate Judge of the Court of
Appeals, Susan Phillips Read, of West Sand
Lake.
THE PRESIDENT: Senator
DeFrancisco.
SENATOR DeFRANCISCO: I rise to
move the nomination of Judge Susan Phillips
Read to become an associate judge of the Court
of Appeals, the highest court of this state.
We had a Judiciary Committee
hearing this morning; we received information
from the New York State Bar Association that
indicated that she was well qualified, its
highest rating. All speakers who spoke on her
qualifications gave her glowing
recommendations and glowing review. And the
Judiciary Committee of the State Senate
unanimously passed her nomination over to the
full Senate.
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And I think it's very clear that
she's well qualified in view of the breadth of
her experience: from a chief judge of the
Court of Claims, trial judge of the Court of
Claims, a private attorney in litigation, very
serious cases like toxic torts, an individual
who has worked for the Governor's office and
knows municipal law, someone who is so well
rounded that there's no question of her
qualifications and there's certainly no
question of her character.
I would like to recognize Senator
Bruno -- the judge is from his district -- to
make the formal -- move formally for her
acceptance and her confirmation.
THE PRESIDENT: Thank you,
Senator DeFrancisco.
Senator Bruno.
SENATOR BRUNO: Madam President,
Senator DeFrancisco, thank you for your
report, your fine work.
And we're also grateful to the
Governor for having forwarded such a qualified
individual to serve on the highest court here
in New York State, and also congratulate the
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Governor on his vision and his wisdom in that
she and her husband, Howard, reside in that
great county of Rensselaer.
So I am very, very proud to stand
and ask that you all support Susan Read, Judge
Read. She has vast experience, as the chair
noted, in the private sector, having served in
a high-level position in the private sector,
having a statewide responsibility for a major
corporation, having been intimate counsel to
the Governor for a number of years, and having
been there as he governs this great Empire
State and being part of all that goes on.
And, most recently, as the presiding judge of
the Court of Claims throughout this entire
state.
So she's as qualified as she can be
to serve as an associate on the Court of
Appeals. I'm proud to ask for her endorsement
and support, and welcome her here to the
chamber with her husband, Howard.
Thank you, Madam President.
THE PRESIDENT: Senator Breslin.
SENATOR BRESLIN: Thank you,
Madam President.
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It's a pleasure for me to stand and
speak on behalf of Susan Read, who's been a
friend for over 25 years, who previously lived
in Albany County before moving to Rensselaer
County.
And as Senator Bruno and Senator
DeFrancisco have so properly indicated, her
vast experience, from the State University of
New York at Albany, to GE, to Bond Schoeneck &
King, to the Court of Claims, she just has the
perfectly well-rounded background to become a
Court of Appeals judge. But more than that,
she has the intelligence and the integrity.
And she will serve this state well.
And it speaks well of Governor
Pataki, who has selected, I think, probably
one of the finest judicial minds to become the
next judge of the Court of Appeals.
And I commend Susan and her
husband, Howard, and look forward to her
serving for many years on the bench.
Thank you, Madam President.
THE PRESIDENT: The question is
on the confirmation of Susan Phillips Read as
associate judge of the Court of Appeals of the
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State of New York. All in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: Susan Phillips
Read is hereby confirmed as associate judge of
the Court of Appeals of the State of New York.
(Extended applause.)
THE PRESIDENT: Susan Phillips
Read, Judge Read, is here accompanied by her
husband, Howard Read.
And as President of the Senate and
as a lifelong resident of Rensselaer County, I
want to congratulate you on this occurrence.
And to add to the remarks that have
been said, I can only emphasize that my
knowledge of Judge Read and my background as a
former judge of the State Supreme Court only
indicates that the Governor has made an
outstanding choice that the people of New York
will continue to benefit from in the Court of
Appeals.
Best wishes to you, Judge Read.
Reports of select committees.
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Communications and reports from
state officers.
Motions and resolutions.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Madam President.
On behalf of Senator Padavan, I
wish to call up Senate Print Number 492,
recalled from the Assembly, which is now at
the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
30, by Senator Padavan, Senate Print 492, an
act to amend the Education Law.
THE PRESIDENT: Senator
Fuschillo.
SENATOR FUSCHILLO: Madam
President, I now move to reconsider the vote
by which the bill was passed and ask that the
bill be restored to the order of third
reading.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
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THE SECRETARY: Ayes, 52.
THE PRESIDENT: Senator
Fuschillo.
SENATOR FUSCHILLO: Madam
President, I now move to discharge, from the
Committee on Education, Assembly Print Number
1028 and substitute it for the identical bill.
THE PRESIDENT: The substitution
is ordered, Senator.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time adopt the Resolution
Calendar.
THE PRESIDENT: First we need to
go to Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Madam President.
With respect to the previous Senate
motion, the Senate bill on the first passage
was voted unanimously. I now move that the
substituted Assembly bill have its third
reading at this time.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
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30, by the Assembly Committee on Rules,
Assembly Print Number 1028, an act to amend
the Education Law, in relation to extending.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
THE PRESIDENT: The bill is
passed.
All in favor of adopting the
Resolution Calendar please 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,
could we ask for an immediate meeting of the
Finance Committee in the Majority Conference
Room.
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THE PRESIDENT: There will be an
immediate meeting of the Finance Committee in
the Majority Conference Room.
Senator Bruno.
SENATOR BRUNO: And are there any
substitutions at the desk, Madam President?
THE PRESIDENT: Yes, there are,
Senator.
SENATOR BRUNO: Can we make them
at this time.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: On page 5,
Senator Volker moves to discharge, from the
Committee on Investigations and Government
Operations, Assembly Bill Number 437 and
substitute it for the identical Senate Bill
Number 235, Third Reading Calendar 31.
And on page 6, Senator Spano moves
to discharge, from the Committee on
Investigations and Government Operations,
Assembly Bill Number 432A and substitute it
for the identical Senate Bill Number 614,
Third Reading Calendar 33.
THE PRESIDENT: Substitutions
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ordered.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time have the noncontroversial
reading of the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
23, by Senator Skelos, Senate Print 259, an
act authorizing the assessor of the County of
Nassau.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
27, by Senator Seward, Senate Print 632, an
act to amend the Insurance Law, in relation to
extending.
THE PRESIDENT: Read the last
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section.
THE SECRETARY: Section 9. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
28, by Senator Morahan, Senate Print 208, an
act to amend the Education Law, in relation to
certain BOCES programs.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
July.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
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29, by Senator Saland, Senate Print 216, an
act to authorize the city school district of
the City of Poughkeepsie.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
31, substituted earlier today by the Assembly
Committee on Rules, Assembly Print Number 437,
an act to amend the Tax Law, in relation to
the imposition of sales and compensating use
taxes by the County of Erie.
SENATOR VOLKER: Would you lay
that aside temporarily, please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
32, by Senator Saland, Senate Print 396, an
act --
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SENATOR BRUNO: Lay it aside for
the day, please.
THE PRESIDENT: The bill is laid
aside for the day, Senator.
THE SECRETARY: Calendar Number
33, substituted earlier today by the Assembly
Committee on Rules, Assembly Print Number
432A, an act to amend the Tax Law, in relation
to authorizing Niagara County to impose an
additional rate.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
THE PRESIDENT: The bill is
passed.
Senator Bruno, that completes the
reading of the noncontroversial calendar.
SENATOR BRUNO: Can we now go to
the controversial calendar.
THE PRESIDENT: The Secretary
will read.
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THE SECRETARY: Calendar Number
27, by Senator Seward, Senate Print 632, an
act to amend the Insurance Law, in relation to
extending.
SENATOR SCHNEIDERMAN:
Explanation.
THE PRESIDENT: Senator Seward,
an explanation has been requested.
SENATOR SEWARD: Thank you, Madam
President.
This legislation before us would
extend until June 30, 2006, certain expired
provisions relating to automobile and property
casualty insurance rating.
Now, these provisions include the
authorization for insurers to cancel or
non-redo up to 2 percent of their auto
policies per year, as well as provisions
providing for flex rating of private-passenger
automobile insurance. In effect, it allows
the companies to increase or decrease up to
7 percent, one time annually, without prior
approval of the Superintendent. And there are
other provisions in the bill as well.
These provisions are nothing new.
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They were on the books of the State of
New York Insurance Law from 1995 until August
of 2001. They were put in place to help make
New York State a more attractive place to
write insurance, particularly in the auto
area.
And they had gone a long way, while
they were in effect, to stabilizing the
insurance market and premiums in New York
State. And since they have expired, we have
seen further hardening of the market and
further disruption in the market.
I'd like to see this bill passed,
I'd love to see it passed in the other house,
because it's needed for the market and the
consumers of New York State.
THE PRESIDENT: Does any other
Senator wish to be heard on this bill?
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Madam
President, on the bill very briefly.
We have -- we clearly have a crisis
relating to auto insurance in this state.
This bill would renew the law as it was two or
three years ago. I personally would prefer to
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see the flex rating law limited to a downward
rating not requiring approval.
I do think that, overall, the
renewal of these portions of the statute that
have expired is a good thing. But there is
really no excuse for us getting through this
year's legislative session without addressing
the comprehensive issue of the need to reform
our auto insurance system.
And I hope that we're not going to
continue the pattern of us passing a bill that
the Assembly won't pass and them passing a
bill that we won't pass. We will certainly do
whatever we can on our side of the aisle to
help.
But this is the year we really have
to negotiate a comprehensive solution to the
crisis of auto insurance in our state. I hope
the Governor will take the lead and join with
the Legislature on this. This is a problem
for individuals and it's also a major problem
for our economy.
So I'm sure Senator Seward and
others will be involved in trying to move that
rock up the hill, but this year is the year we
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really should get it done.
Thank you, Madam President.
THE PRESIDENT: Does any other
Senator wish to be heard on this bill?
Then the debate is closed.
Read the last section.
THE SECRETARY: Section 9. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
THE PRESIDENT: The bill is
passed.
SENATOR McGEE: Madam President.
THE PRESIDENT: Senator McGee.
SENATOR McGEE: If the Senate
could stand at ease for a moment, waiting for
the Finance Committee members to come back.
THE PRESIDENT: The Senate stands
at ease.
SENATOR McGEE: Thank you.
(Whereupon, the Senate stood at
ease at 12:04 p.m.)
(Whereupon, the Senate reconvened
at 12:08 p.m.)
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ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Madam President,
if we could return to the controversial
calendar and take up Calendar Number 31, by
Senator Volker.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
31, substituted earlier today by the Assembly
Committee on Rules, Assembly Print Number 437,
an act to amend the Tax Law, in relation to
the imposition of sales and compensating use
taxes.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
Volker, an explanation has been requested.
SENATOR VOLKER: Madam President,
this is a bill that -- in fact, I guess we are
the only county now in the state who extends
the sales tax only one year instead of two
years.
This is a temporary sales tax,
starting back sometime in the early '80s, if I
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remember right. '83, my counsel tells me.
And it is essential, frankly, to the county
budget. The county budget was adopted on
January 1st, and the revenue in fact is
already in there.
There has been a dispute for some
time as to whether the county should share
some of the funds with the City of Buffalo,
which of course is in some financial distress.
But the county legislature passed a
resolution, a home rule resolution requesting
that this 1 percent sales tax be done by the
Legislature. We do not enact sales taxes for
localities; they request them, and then we
give them the enabling legislation.
The interesting thing about this
one is that there was no chairman of the
legislature when this resolution passed. A
Democrat by the name of Albert DeBenedetti was
the chairman, but after the first of the year
he was no longer chairman because they
couldn't adopt -- Al DeBenedetti, by the way,
is a Democrat who was running a Republican
legislature. They still don't have a
chairman.
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And there's a little bit of a
dispute going back to the old days of "Beirut
by the lake," which Buffalo used to be called.
But it was adopted unanimously by
the county legislature, and it would extend
the sales tax until February 29th of 2004.
So that's what this is. It has
already passed the Assembly. There were a
number of votes against it, as some of the
people in the Assembly of course vote against
a lot of sales tax bills. But this bill is
essential for the financial health, frankly,
of the County of Erie.
THE PRESIDENT: Senator Brown.
SENATOR BROWN: Thank you, Madam
President. I'd like to speak on the bill.
And first I'd just like to thank
Senator Volker for his many contributions to
Erie County and the City of Buffalo.
I have to say that I feel obligated
to vote against this sales tax bill for Erie
County. And the reason for that is initially,
when this sales tax was implemented, it was
supposed to be a temporary tax to get the
County of Erie out of a fiscal crisis at that
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time, a fiscal crisis that was in the
neighborhood of about $75 million.
For the last several years the City
of Buffalo has been experiencing a fiscal
crisis, and the response from the County of
Erie has been to take this asset of the City
of Buffalo, to take that asset of the City of
Buffalo, to do whatever can be done to
diminish the City of Buffalo as a sovereign
municipality. And I have a major problem with
that.
It's estimated that this year the
County of Erie will generate $100 million on
this sales tax. The county keeps 100 percent
of this additional 1 percent of the sales tax.
The City of Buffalo doesn't receive any money.
It's my contention that the City of
Buffalo should be receiving at least
33 percent of this additional 1 percent, which
would be over $30 million for the City of
Buffalo, still the largest municipality in
Erie County and the second-largest city in the
State of New York.
It's no secret that in the upcoming
fiscal year the City of Buffalo is facing a
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deficit of $28 million. The Buffalo Board of
Education is facing a deficit of $30 million.
I don't think it's appropriate any longer for
the county, year after year after year, to
collect this additional 1 percent of this
sales tax and not share any of that with the
City of Buffalo, which is experiencing very
desperate fiscal times.
I think we need to look at what
happens in the City of Rochester. In the City
of Rochester, the city shares a much higher
percentage of the total sales tax that is
collected by the county than is done in the
City of Buffalo.
And I think if we want to begin to
heal the second-largest city in the State of
New York, then we need to say to the county,
we're not going to approve this sales tax
going forward unless you share it with the
City of Buffalo.
Thank you, Madam President.
THE PRESIDENT: Does any other
Senator wish to be heard on this bill?
Then the debate is closed.
Read the last section.
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THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53. Nays,
1. Senator Brown recorded in the negative.
THE PRESIDENT: The bill is
passed.
Senator Duane.
SENATOR DUANE: Thank you, Madam
President. I'd like to have unanimous consent
to be recorded in the negative on Calendar
Number 27, Bill 632.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative, Senator Duane.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could return to reports of standing
committees, I believe there's a report of the
Finance Committee at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Senator Johnson,
from the Committee on Finance, reports the
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following nomination:
As a member of the Board of
Trustees of the State University of New York,
Ronald B. Stafford, of Plattsburgh.
THE PRESIDENT: Senator Johnson.
SENATOR JOHNSON: Madam
President, my colleagues, I would first like
to commend the Governor for this nomination of
Senator Stafford, one of the longest-serving
members of this body, a member who we're all
very familiar with. A real prince of a man, a
gentleman and a role model for a lot of young
senators coming along.
And, if you can believe it,
including myself as a young senator. I was
young when I got here. And he gave me a lot
of good guidance along the way, and he was an
inspiration to a lot of people.
And I must say my colleague to the
right is still the dean, the longest-serving
member of any. But Ron put his time in. And
he certainly did a good job for the people of
the State of New York, and we are all a
beneficiary of a lot of his actions.
And I'd like to advance his
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nomination at this time, and then turn it over
to Senator LaValle.
THE PRESIDENT: Senator LaValle.
SENATOR LaVALLE: Thank you,
Madam President.
The Senate Committee on Higher
Education had the pleasure of interviewing the
nominee, and the committee was very, very
enthusiastic about Senator Stafford's
nomination.
I must say that the Governor should
be congratulated in appointing Ron Stafford,
because what came out in the committee
yesterday as Senator Stafford talked was the
historical memory that he will bring to the
SUNY Board of Trustees' deliberations. He
talked about being at SUNY Stony Brook and the
University of Buffalo when it was nothing but
a field, not a building on the proposed
campus.
And so that kind of memory, along
with what goes on here in the Legislature, I
think will be very, very important as we move
through our deliberations in this year and
next year, which will be very, very difficult
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years. And I know Senator Stafford will be
playing a leadership role. And he certainly
has shown over the years his dedication and
affection for the State University of
New York.
And Ron will do just an absolutely
outstanding job, bringing intellect,
historical memory, and the passion for the
university.
Again, the Governor has made a very
wise and good choice in selecting Ron
Stafford.
THE PRESIDENT: Senator Wright.
SENATOR WRIGHT: Thank you, Madam
President.
I too join my colleagues in
supporting the Governor's nomination of
Senator Stafford.
As a graduate of the state
university system, I'm very pleased to have an
individual of the caliber of Senator Stafford
joining the Board of Trustees.
Equally important, the Senator has
a long history of involvement with the state
university system in his district in his
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tenure here in the Senate, and he will bring
that wealth of experience to the trustees and
as well ensure that there's a voice for the
institutions in the North Country as we go
forward.
So I join my colleagues in
seconding the statesman of the North Country,
Ron Stafford.
THE PRESIDENT: The question is
on the confirmation of the Honorable Ronald B.
Stafford 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 Honorable
Ronald B. Stafford is hereby confirmed as a
member of the Board of Trustees of the State
University of New York.
Senator Skelos.
SENATOR SKELOS: Madam President,
is there any housekeeping at the desk?
THE PRESIDENT: No, there isn't,
Senator.
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SENATOR SKELOS: Madam President.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Would you
recognize Senator Brown, please.
THE PRESIDENT: Senator Brown.
SENATOR BROWN: Thank you,
Senator.
Madam President, I request
unanimous consent to be recorded in the
negative on Calendar Number 33, Bill Number
S614.
THE PRESIDENT: Without
objection, Senator Brown, you will be so
recorded as voting in the negative.
Senator Skelos.
SENATOR SKELOS: Is there any
housekeeping at the desk?
THE PRESIDENT: No, there isn't,
Senator.
SENATOR SKELOS: Madam President,
there being no further business to come before
the Senate, I move we stand adjourned until
Monday, January 27th, at 3:00 p.m.,
intervening days being legislative days.
THE PRESIDENT: On motion, the
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Senate stands adjourned until Monday,
January 27th, 3:00 p.m., intervening days
being legislative days.
(Whereupon, at 12:20 p.m., the
Senate adjourned.)