Regular Session - June 3, 2003
3434
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 3, 2003
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 please come to order.
May I ask everyone present to
please rise and join me in the Pledge of
Allegiance to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: The
invocation will be given by the Reverend
Murray Mayfield, pastor of Greenville Baptist
Church in Greenville, New York.
REVEREND MAYFIELD: Shall we
pray?
Our Father, we come before You this
afternoon full of gratitude for the privilege
of living in this great nation. We
acknowledge that we're the nation we are today
because of Your grace and Your goodness.
We thank You for this assembly of
men and women whom You have raised up to lead
this state. You tell us in Your word that
there is no authority except from God and
those which exist are established by God. I
ask that this realization would guide all
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decisions being made today.
We come before You at the beginning
of this session and ask for divine direction.
The responsibility of leading this state in a
right way is a huge one, and human wisdom
alone is insufficient for the task. And so at
this time we humble ourselves before You and
we ask for Your wisdom to fill this group so
that they may make wise decisions.
I pray that as a result of today's
work that righteousness will be exalted in
this state. May these men and women pass laws
and enact legislation that is equitable and
just. Most importantly of all, we ask that
You would be pleased with the results of
today's work.
Thank You for Your son, Jesus
Christ, who died to pay the penalty of our
sins so we could have fellowship with You.
And it's in the name of Jesus that we ask
these things. Amen.
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Monday, June 2, the Senate met pursuant to
3437
adjournment. The Journal of Friday, May 30,
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.
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator
DeFrancisco, from the Committee on Judiciary,
reports the following nominations.
As a judge of the Family Court for
the County of Dutchess, Valentino T. Sammarco,
of Hyde Park.
ACTING PRESIDENT MEIER: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Thank you,
Mr. President.
I'm proud to rise in this session
today to move the nomination of Valentino T.
Sammarco, of Hyde Park, as a judge of the
Family Court for the County of Dutchess. He's
3438
here with his wife, Joan, his daughter Lori,
and his mother-in-law, Bessie Stelbach.
I had the pleasure to meet him for
the first time today. He's a graduate of West
Point, an individual who has served his time
on the lower courts, being a town justice, and
is clearly, as the committee found
unanimously, well qualified to serve as a
judge of the Family Court for Dutchess County.
I would like to pass this
nomination on for seconding to Senator Saland.
ACTING PRESIDENT MEIER: Senator
Saland.
SENATOR SALAND: Thank you, Mr.
President.
I rise for purposes of seconding
the nomination of Judge Sammarco. Val
Sammarco is a gentleman who I have known since
childhood.
As I mentioned earlier during the
course of our committee deliberations, that he
and I were members of the 1955 City of
Poughkeepsie Little League Champions, the
American Legion team. He was much better than
I was; he got to play all the time because he
3439
could hit. But he pitched, also, and I could
only pitch.
And he's been pitching ever since,
doing wonderful things not only for the
community of Hyde Park, which he has so
capably served as a town justice for some
18 years, but also as a member of the legal
community, both as a public defender, as a
private practitioner, and somebody who has
spent the greater part of his practicing life
dealing with Family Court and domestic
relations issues.
He's an extraordinary gentleman
who, as I believe was noted earlier in Senator
DeFrancisco's remarks, served his country upon
his graduation from West Point.
He's here with his wife, Joan, who
certainly has been seen at many of the
functions that I've been attending for these
so many years. They, the Sammarcos and their
family, have this moment to savor. It
certainly is a reflection of, once again, the
Governor's careful attention to his judicial
nominees proposed to this body.
It's an extraordinary pleasure for
3440
me to second the nomination of a friend, of a
wonderfully capable attorney, and a man who
has distinguished himself for a number of
years as a town justice.
I wish him only the best, both he
and his family, and may God bless you.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Valentino
T. Sammarco as a judge of the Family Court for
the County of Dutchess. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Judge Sammarco with us today in the
gallery. And, Judge, we wish you well and
congratulate you.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As a judge of the
Family Court for the County of Westchester,
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Annette L. Guarino, of Rye.
ACTING PRESIDENT MEIER: Senator
DeFrancisco.
SENATOR DeFRANCISCO: I'm also
very pleased to rise and move the nomination
of Annette Guarino as a judge of the Family
Court, County of Westchester.
She is uniquely qualified, having
served in that same position in the past. And
during the committee meeting it was very clear
that she had the right reasons for wanting to
serve in that position again, to help resolve
the very, very serious questions that come
before Family Court judges dealing with
children, dealing with very tense situations
among family members.
She has also been found to be well
qualified, and the committee unanimously voted
to move her nomination here to the floor.
She's here with friends Susan King,
Patricia Scerno, Joshua Reap, Despina
Starakis -- I hope I got that right -- and
Marshall Raibman.
And I would like to yield the floor
to Senator Spano to second the nomination.
3442
ACTING PRESIDENT MEIER: Senator
Spano.
SENATOR SPANO: Thank you,
Senator DeFrancisco, Mr. President.
It's a good day for Westchester
County, for the judiciary, with Judge Guarino.
Judge Guarino will lead off the confirmation
of four outstanding individuals from
Westchester who have been appointed to the
Family Court and County Courts.
We have a great need in Westchester
to have good, solid, dependable judges on the
bench as quickly as possible to pursue justice
in our county. And I want to thank Governor
Pataki for each of these nominees that will be
before us today.
Judge Guarino is someone I've known
for a long time, has been practicing law a
long time since 1982, has a distinguished
career in law, having graduated from St. Johns
University, has been involved in private
practice, has worked as a district tax
attorney for the State of New York, has
already been confirmed once by this body for
the Family Court, having been nominated by
3443
Governor Pataki in 2000.
Right now Judge Guarino is the
general counsel for the Battery Park City
Authority in the City of New York, has been
involved in a number of different activities
in our county in Westchester, particularly in
the Women's Bar Association, where she has
been a moderator and chair and a lecturer on
many of the statutes impacting our families in
Westchester.
Nobody is more qualified to serve,
who's got the compassion to serve in a very
difficult position in the Family Court, having
to make very difficult decisions on a daily
basis impacting men, women, and children in
Westchester County, than Annette Guarino.
So I am very pleased to stand here
today to second her nomination, to welcome her
friends who are with her -- Patricia and
Despina, Susan, and Marshall, who are here --
and to say to Judge Guarino, you have
continued to serve us well. We look forward
to an outstanding career on the bench.
We look forward to an overwhelming
support that will be evidenced by the Senate
3444
today, and to say, to Governor Pataki, thank
you for once again showing your faith in
someone who has done so well in Westchester
County, who will continue to serve as a Family
Court judge right in our county.
So, Mr. President, it's my pleasure
to second the nomination of Annette Guarino to
the Family Court.
ACTING PRESIDENT MEIER: Senator
Velella.
SENATOR VELELLA: Mr. President,
I too rise to second the nomination of Judge
Guarino.
Her reputation for fairness and
legal expertise in Westchester County in her
short service on the bench is well known by
the bar, both in Westchester and throughout
the downstate region. She has managed to, in
a short time, account herself well, and the
Governor's confidence has been well placed in
her.
I also take particular pride in
supporting her nomination as our roots and our
family heritage go back to the old days in
Olga Mendez's district, in East Harlem, from
3445
117th Street and Second Avenue, where her
family and my family came as immigrants. And
I grew up there for a good part of my life;
she did too.
And I think the old neighborhood
would be proud of you. Congratulations.
ACTING PRESIDENT MEIER: Senator
Leibell.
SENATOR LEIBELL: Thank you, Mr.
President.
I think all the neighborhoods in
Westchester County are going to be very proud
of Annette also.
I've had the good fortune to know
Annette Guarino for a number of years now. I
know what a fine attorney she is and what a
fine judge she has been and will be again.
So we want to congratulate you and
your family today on this honor.
ACTING PRESIDENT MEIER: Does any
other Senator wish to be heard on the
nomination?
The question is on the confirmation
of Annette L. Guarino as a judge of the Family
Court for the County of Westchester. All
3446
those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Judge Guarino is with us today in
the gallery. Judge, we wish you well with
your important duties.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: As a judge of the
Westchester County Court, Rory J. Bellantoni,
of Rye Brook.
ACTING PRESIDENT MEIER: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Again, I'm
proud to rise to move the nomination of Rory
Bellantoni, of Rye Brook, as a judge of the
Westchester County Court.
Apparently there's no judges in
Westchester County at the moment; they're all
being confirmed today.
3447
He's here with his wife, Amy, his
father -- he's following in his father's
footsteps, the Honorable Orazio Bellantoni.
He's a New York State Supreme Court judge. No
doubt it's just a matter of time before his
son is on that court as well -- his mother,
Mary; his sister, Monica; his aunt, Marie; and
friends, the Honorable John Perrone, a retired
judge and former member of the Assembly, and
Chris and Maria Pierro.
This is an incredible resume for a
man that's this young, to be distinguished not
only in law school by an incredible record but
also having had so many experiences in the
practice of law in such a short period of
time. Those broad range of experiences are
obviously going to serve him well to serve as
a county court judge in the County of
Westchester.
I would now like to yield the floor
to Senator Spano.
ACTING PRESIDENT MEIER: Senator
Spano.
SENATOR SPANO: Thank you, Mr.
Chairman, Mr. President.
3448
It's my pleasure also to second the
nomination of Rory Bellantoni. Judge
Bellantoni's affiliations include many
organizations in Westchester -- the county
bar, he's been a part of the County Parks and
Recreation Conservation Board.
He's had a great deal of
experience, having worked in the prestigious
law firm Wilson Elser, has worked in the
Rockland district attorney's office, where he
served as senior assistant district attorney.
And most recently, Rory Bellantoni is serving
as the Family Court hearing examiner in
Westchester County Family Court.
He has received his bachelor's
degree from Fordham and his J.D. from Fordham
University.
And it's a real sincere pleasure to
stand here today and to second the nomination
of someone who comes from a great family and a
great tradition. His great-uncle served in
this chamber, Senator Anthony Gioffre.
His father is in this chamber and
currently serves as a Supreme Court judge in
Westchester County, and we are so glad that he
3449
is seated right behind me.
It's a historic day for
Westchester. We cannot find in the annals of
history in Westchester County, or maybe even
across the state, a situation where a father
and son have served in the Superior Court
together. So we're glad that it took Judge
Raz Bellantoni and his son Rory Bellantoni to
make history.
And I know that Judge Bellantoni
will carry on, on his own two feet, in making
sure that he will make the people of
Westchester as proud of him as his parents are
today, his wife, Amy, is today, his sister is
today, and all of us who join with Governor
Pataki in a great choice for a member of the
county court.
So, Mr. President, it's my pleasure
to second the nomination of Rory Bellantoni to
Westchester County Court.
ACTING PRESIDENT MEIER: Senator
Velella.
SENATOR VELELLA: Thank you, Mr.
President.
I too rise to second this
3450
nomination. This is an opportunity that the
Governor has given to us to place a young man
on the court that has both the balance of the
plaintiff and defendant's bar, as was ably
pointed out by our chairman of Judiciary this
morning when he misread the resume and thought
there was only a defense bar experience.
There was certainly a plaintiff's bar
experience there to counterbalance the
experience of this young man.
He certainly will add to the
tradition of a fine family. And I look
forward to seeing him continue on in that
great tradition of Westchester County and of
his family.
ACTING PRESIDENT MEIER: Senator
Leibell.
SENATOR LEIBELL: Thank you, Mr.
President.
Over the course of years we've had
the chance, all of us, to speak on the
nominations of our colleagues, sometimes, and
peers. But when we start getting to our
friends' sons, we know we've been here quite a
long time.
3451
But I had the chance to serve and
to work with Judge Bellantoni. And reading
his son's resume, to see all that he has done
in his young life, it's very encouraging for
all of us. I know he will be a great judge
and follow in a great family tradition.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Rory
Bellantoni as a judge of the Westchester
County Court. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Judge Bellantoni is with us today
in the gallery. Judge, we congratulate you
and wish you well.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: As a judge of the
Westchester County Court, Lawrence I.
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Horowitz, of Chappaqua.
ACTING PRESIDENT MEIER: Senator
DeFrancisco.
SENATOR DeFRANCISCO: I'm again
proud to rise to move the nomination of
Lawrence I. Horowitz.
I commented at the committee
meeting this morning that it's just a
coincidence that Chairman DeFrancisco is
placing into nomination Guarino, Sammarco,
Bellantoni, and Horowitz.
And Judge Horowitz proceeded to
tell us that he does have, I think, Italian
blood -- Sicilian -- Italian blood as well.
So there's something going on here.
I don't make the appointments, I
simply sit to review the qualifications. And
certainly Judge Horowitz is very well
qualified.
He's here with his wife, Alexis,
his son Benjamin, his daughter Rona, his
brother-in-law David Furer, who I got to meet,
and friend Michelle Angiello.
And his resume is an outstanding
resume. In just the short time that I got to
3453
speak with him, it's clear that he certainly
has the judicial temperament in order to
handle the many cases and the very serious
cases that are going to be coming before the
Westchester County Court.
And I'm proud to rise to nominate
him, and I yield the floor to Senator Leibell.
ACTING PRESIDENT MEIER: Senator
Leibell.
SENATOR LEIBELL: Thank you, Mr.
President.
And I'm very pleased to have the
chance to speak on Larry Horowitz, on his
nomination, because I've known him also for a
great many years. And our practices have been
in close proximity, actually.
And I can tell you firsthand how
well respected and well regarded he is by not
only the Bar Association but so many different
community groups in our area.
Thinking about what the chairman of
the Judiciary Committee just noted in terms of
judicial disposition, certainly Larry has got
that. And his commitment to the law, his
knowledge of the law, and his high ethical
3454
regard for the law bodes very well for him as
a judge of our courts in Westchester County
and throughout our district.
So I'm very pleased to join with my
colleagues and the members of the Judiciary
Committee who sent this over to us today. I
know that Larry Horowitz will be a superb
judge.
ACTING PRESIDENT MEIER: Senator
Spano.
SENATOR SPANO: Thank you, Mr.
President.
It's also my pleasure to second the
nomination of Larry Horowitz to the county
court and recognize the work that he's done in
a lot of community organizations in our
county: the Northern Westchester Women's
Shelter, the Women's Resource Center. He's
served as a constable in the Town of Ossining
and a village justice in the Village of
Buchanan.
And I must say that Judge Larry
Horowitz does sound real good. And you've
come a long road, you deserve that title. We
want to thank the Governor for recognizing all
3455
the good things in your career, and look
forward to continuing to work with you.
Congratulations, Judge Horowitz.
And I am proud to second your nomination.
ACTING PRESIDENT MEIER: Senator
Velella.
SENATOR VELELLA: Mr. President,
I too add my voice to the seconds.
I have seen no one who is more
qualified in the sense of representing every
ethnic and religious group, if not by an
adequate degree of consanguinity, at least by
his volunteer work in representing them
pro bono. He certainly is an asset that we
will long enjoy on the court.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Lawrence
Horowitz as a judge of the Westchester County
Court. All those in favor signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
3456
nominee is confirmed.
Judge Horowitz is with us today in
the gallery. Congratulations, Judge.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: As a judge of the
Westchester County Court, Robert A. Neary, of
Pound Ridge.
ACTING PRESIDENT MEIER: Senator
DeFrancisco.
SENATOR DeFRANCISCO: I again am
very proud to rise to move the nomination of
Robert A. Neary, of Pound Ridge, as a judge of
the Westchester County Court.
He's here with his wife, Keary, and
sons Michael, Phillip, Timothy, and Brendan.
And speaking generally about all
the nominees, this is an incredible group of
people. We're really very fortunate to have
them willing to serve in these various
positions of authority as judges.
Robert Neary, in reviewing his
resume, really is an individual who is so
qualified it just jumps out at you as you look
3457
at his qualifications. Here's an
individual -- and I don't think there's been
anyone that's come before this committee with
these types of qualifications. It's a
criminal court, county court. He's supervised
over 100 homicide investigations and has tried
to verdict 20 homicide cases. That's clearly
the most serious, the most difficult to try.
And he certainly has the experience to preside
over those cases.
And I'm sure, even though his
background is mostly in prosecution, judging
from his demeanor, the little information that
I gleaned when we talked earlier this morning,
he will balance the interests of both the
accused as well as the prosecutors.
In fact, I'm sure he will hold the
prosecutors to a higher standard in view of
his qualifications and how well he's performed
in that capacity. He'll be more demanding of
prosecutors in view of those qualifications.
And I would like now to yield the
floor again to Senator Leibell for his
remarks.
ACTING PRESIDENT MEIER: Senator
3458
Leibell.
SENATOR LEIBELL: Thank you very
much, Mr. President.
And continuing with Westchester
Day, I'm very pleased to rise on the
nomination of Robert Neary. Bob and I both
are graduates of St. Johns Law School and came
out at approximately the same time. And when
I got into the Westchester DA's office, Bob
Neary was there also.
We had the opportunity to serve in
the same bureau that we were assigned to as we
arrived in that office, in the Rackets Bureau.
And I had the chance to work with him closely.
We speak on many of these nominations, but we
can't always say that we've worked day by day
with somebody who comes here. And I can
actually say that in the case of Bob Neary.
I can tell you, as the chairman of
Judiciary pointed out, he has had a long and
distinguished career as a prosecutor, career
prosecutor, and has served Westchester County
and so many other communities with great
distinction.
I can also tell you that he was one
3459
of the most popular and most liked people in
the district attorney's office. And the
reasons for that were twofold. One, he was
professionally very competent. Besides that,
he was always willing to share of his
competency and of his knowledge and to do it
with any member who was there, whether they
were there longer than he was or it was a new
person coming into that office.
As was noted, he has tried
literally scores of cases, some of the most
serious cases in Westchester County. So we
have been very fortunate to have his service
over the years. And now we'll be fortunate to
have his service as a judge.
I'm very pleased to have the
opportunity to stand here today and to push
this nomination, to urge my colleagues to
support the nomination sent over to us by the
Governor.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Spano.
SENATOR SPANO: Thank you, Mr.
President.
3460
Once again, as Senator Leibell
said, we'll continue with Westchester Day.
And it's also my pleasure to second
the nomination of Bob Neary, someone who was
born and raised in the city of Yonkers, great
roots in the city that I live in, who, as
Senator Leibell alluded to, started his career
back in 1975 in the Westchester County
district attorney's office, working under then
District Attorney Carl Vergari, and has
continued that work under the leadership of
our outstanding district attorney in
Westchester, Jeanine Pirro.
He has held so many different
titles from '75 to now, where he is the chief
of the Career Criminal Bureau. Governor
Pataki has made an excellent and solid choice
in each of these nominees that are presented
to us today, and certainly that's the case
with Bob Neary.
So to Judge Neary, it's my pleasure
to second your nomination, to say
congratulations to you, to the members of your
family for this nomination today, and I look
forward to continuing to work with you and to
3461
work for you for the people of Westchester.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Velella.
SENATOR VELELLA: Thank you, Mr.
President.
I also rise to second this
nomination. Today, in the annals of
Westchester County's history, will be known as
the day of the Big Four judges. From
henceforth the word will go forth, because
certainly Westchester County has an awful lot
to be proud of in these four individuals.
And I look forward to the great
successes that they will have on the bench and
am proud to be a second to all of their
nominations.
ACTING PRESIDENT MEIER: Senator
Stachowski.
SENATOR STACHOWSKI: I too would
like to rise the second the nomination of
Robert Neary.
I'm sure some of you are surprised
that somebody from Buffalo's getting up on a
Westchester judge. But I know Bob Neary from
3462
1967. We went to college at the same time.
He was a senior when I was a sophomore.
I'm not surprised about his work
record, because we played football together.
Bob Neary was the captain of the team when I
was a sophomore. I was fortunate enough to
play on that team, and actually play and not
just be a sophomore on the bench.
But Bob Neary was a starting
receiver. He was a captain. He led through
leadership, hard work, and determination. He
was one of the best players we had, obviously.
He was not the fastest, but he ran great
patterns. Had a wonderful work ethic. Was
wonderful for the younger guys that he
welcomed you aboard.
He worked harder than any of us, so
that he led through example. And I think
that, because of that background that I know
of him, that it's not surprising to me that he
was such a successful district attorney. And
I know that he will be a wonderful judge.
I also know that Senator
DeFrancisco said that he was a little
concerned that all his background was as a
3463
prosecutor, but he knows that he'll give both
sides a fair shake, and I'm positive he will.
He'll be a great judge and someone we'll all
be proud of.
I'm happy to have risen and
seconded his nomination.
ACTING PRESIDENT MEIER: Senator
Oppenheimer.
SENATOR OPPENHEIMER: I'm sorry I
was not present for the first one, two, three
judges. I'm now present for Bob Neary, who,
of the four, is the only one I don't know.
But I think I would like to make
just a general comment. Being tied up in a
meeting earlier, I would have liked to have
been able to speak on Judge Guarino and Judge
Bellantoni and Judge Horowitz. And now I am
happy to speak including Judge Neary.
What I would like to say is that
the caliber and the quality of the judges that
we have in Westchester County has been
uniquely high. And we have also put in some
innovative new procedures in Westchester
County which may serve as a model for the way
we handle certain family and domestic violence
3464
issues around the state.
And it is because our judges have
been very open to progressive new methods that
we are able to do some of the things we have
done. We have put in our various courts
childcare in every single court, major
court -- city court, I should say city court
in our county. And it is really the judges
that have been very supportive of many of
these -- the new thinking.
And so for all four, I commend
them. They are very qualified people. They
have in many cases shown their ability
already. And I am just delighted that all
four are here today for Westchester Day in the
judiciary.
ACTING PRESIDENT MEIER: Does any
other Senator wish to be heard on the
nomination?
The question is on the confirmation
of Robert Neary as a judge of the Westchester
County Court. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
3465
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Judge Neary is with us in the
gallery today. And, Judge, we congratulate
you.
(Applause.)
ACTING PRESIDENT MEIER: Reports
of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Golden.
SENATOR GOLDEN: Mr. President,
amendments are offered to the following Third
Reading Calendar bills:
Senator Bonacic, page number 18,
Calendar Number 485, Senate Print 2225;
Senator DeFrancisco, page number
26, Calendar 662, Senate Print 3345;
And Senator Leibell, page number
40, Calendar 876, Senate Print 1572.
On behalf of Senator McGee, please
remove the sponsor's star from Calendar Number
3466
414.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bills will retain their place on the order of
third reading.
And with regard to your second
motion, so ordered.
Senator Farley.
SENATOR FARLEY: Thank you, Mr.
President.
On page 42, I offer the following
amendments to Calendar Number 916, Senate
Print 3752, and I ask that this bill of
Senator Wright's retain its place on the Third
Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bill will retain its place on the order of
third reading.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there's a privileged resolution at the desk,
1938, by Senator Meier. I ask that the title
be read and move for its immediate adoption.
ACTING PRESIDENT MEIER: The
3467
Secretary will read the title of Resolution
1938.
THE SECRETARY: By Senator Meier,
Legislative Resolution Number 1938,
commemorating the 20th Anniversary of the
Disability Advocacy Program.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there's a privileged resolution at the desk,
1984, by Senator Hoffmann. I ask that the
title be read and move for its immediate
adoption.
ACTING PRESIDENT MEIER: The
Secretary will read the title of Resolution
1984.
3468
THE SECRETARY: By Senator
Hoffmann, Legislative Resolution Number 1984,
memorializing Governor George E. Pataki to
proclaim June 2003 as Dairy Month in the State
of New York.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there's a privileged resolution, 1977, at the
desk by Senator Bonacic. I ask that the title
be read and move for its immediate adoption.
ACTING PRESIDENT MEIER: The
Secretary will read the title of Resolution
1977.
THE SECRETARY: By Senator
Bonacic, Legislative Resolution Number 1977,
commending the Valedictorians, Salutatorians,
3469
and honored students of the 42nd Senate
District, in recognition of their outstanding
accomplishments, at a celebration to be held
at the State Capitol on June 4, 2003.
ACTING PRESIDENT MEIER: All
those in favor of the resolution signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could go to the noncontroversial reading
of the calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: If I could just
interrupt prior to going to the
3470
noncontroversial reading.
Senator Meier's resolution, 1938,
and Senator Hoffmann's resolution, 1984, we'd
like to open that for cosponsorship. If
anybody wishes not to sponsor the resolutions,
they should notify the desk.
ACTING PRESIDENT MEIER: 1938 and
1984 are open for cosponsorship. Any member
not wishing to be listed, notify the desk.
The Secretary will read the
noncontroversial calendar.
THE SECRETARY: Calendar Number
306, by Member of the Assembly Gianaris,
Assembly Print Number 2609, an act to amend
the Estates, Powers and Trusts Law, in
relation to prohibited acts of private
foundations.
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, 59.
3471
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
310, by Senator Saland, Senate Print --
SENATOR BRESLIN: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
SENATOR SKELOS: Lay it aside for
the day, please.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
608, by Senator Rath, Senate Print 3568, an
act to amend the Family Court Act, in relation
to permanency hearings.
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
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
3472
THE SECRETARY: Calendar Number
731, by Senator Farley, Senate Print 3425, an
act to amend the Banking Law, in relation to
the requirement for licensure.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first of January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
870, by Senator Trunzo, Senate Print 935, an
act to amend the Vehicle and Traffic Law, in
relation to dealers and dealer registration.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect on the 90th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
3473
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1001, by Senator Little, Senate Print 4926, an
act to amend the Real Property Tax Law, in
relation to the eligibility.
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, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1002, by Senator Little, Senate Print 4949, an
act to amend the General Municipal Law, in
relation to the procurement of transit
vehicles.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
3474
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1011, by Senator Farley, Senate Print 4389, an
act to amend the Banking Law, in relation to
unauthorized entities.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect on the 30th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1012, by Senator Farley, Senate Print 4823, an
act to amend the Banking Law, in relation to
the requirements for licensure.
3475
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect on the first of January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1019, by Senator Rath, Senate Print 4506, an
act to amend the Education Law, in relation to
displaying the flag at the State of New York
on the grounds of the State University and
institutions therein.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 60th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
3476
is passed.
THE SECRETARY: Calendar Number
1020, by Senator LaValle, Senate Print 4960 --
SENATOR BRESLIN: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
SENATOR SKELOS: Lay it aside for
the day, please.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
1036, by Senator Bonacic, Senate Print 417, an
act to amend the Vehicle and Traffic Law, in
relation to allowing volunteer firefighters.
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, 59. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
3477
THE SECRETARY: Calendar Number
1037, by Senator Wright, Senate Print 701, an
act to amend the Public Authorities Law, in
relation to contracts.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
SENATOR SKELOS: Lay it aside for
the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
1038, by Senator Leibell, Senate Print 988, an
act authorizing the Pawling Central School
District to lease lands.
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, 60.
ACTING PRESIDENT MEIER: The bill
3478
is passed.
THE SECRETARY: Calendar Number
1039, by Senator Kuhl, Senate Print 1013, an
act to amend the Education Law, in relation to
optional retirement programs.
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, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1040, by Senator Fuschillo, Senate Print 1053,
an act to authorize the Long Island
Progressive Baptist Association.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
3479
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1041, by Senator Stachowski, Senate Print
1165, an act to amend the Penal Law, in
relation to the definition of assault in the
second degree.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1042, by Senator Larkin, Senate Print 1185, an
act to amend the General Municipal Law, in
relation to establishing.
ACTING PRESIDENT MEIER: There is
3480
a home-rule message at the desk.
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, 59. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1043, by Senator Trunzo, Senate Print 1502A,
an act to amend the General Municipal Law, in
relation to allowing active volunteer
firefighters.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
3481
is passed.
THE SECRETARY: Calendar Number
1045, by Senator LaValle, Senate Print 1793,
an act to amend the Real Property Actions and
Proceedings Law, in relation to the purchase
of the premises.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1046, by Senator Spano, Senate Print 1922, an
act to authorize the Village of Pleasantville,
in the County of Westchester.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
3482
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1048, by Senator Marcellino, Senate Print
2099, an act to amend the General Business
Law, in relation to renewals of magazine
subscriptions.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 60th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1049, by Senator Kuhl, Senate Print 2244, an
act to amend the County Law, in relation to
authorizing wireless communications service.
3483
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, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1050, by Senator Kuhl, Senate Print 2309, an
act to amend the General Municipal Law, in
relation to the powers and duties of the City
of Hornell Industrial Development Agency.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
SENATOR KUHL: Lay it aside for
the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
1051, by Senator Trunzo --
SENATOR SKELOS: Lay it aside for
the day.
3484
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
1052, by Senator Skelos, Senate Print 2575, an
act to amend the Tax Law, in relation to
providing a fair marketplace.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
Senator Skelos, that completes the
noncontroversial reading of the calendar.
SENATOR SKELOS: Mr. President,
if we could go to the controversial reading of
the calendar.
And just to mention to the members
that are on the Rules Committee, there will be
a Rules Committee meeting shortly, upon
completion of the debate on my bill, and then
we'll come back and report the Rules bills and
adjourn.
Senator Schneiderman -- if we could
go now, Mr. President, to the controversial
reading of the calendar.
ACTING PRESIDENT MEIER: The
3485
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
1052, by Senator Skelos, Senate Print 2575, an
act to amend the Tax Law.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT MEIER: Now,
Senator Schneiderman.
SENATOR SKELOS: Thank you, Mr.
President.
Under the Tax Law provisions in
New York State, New York lenders are unable to
pass through the cost of the mortgage
recording tax as a charge associated with
making a loan. Federal lenders are allowed to
do this. Obviously, this hurts New York
State-chartered mortgage lenders. And it
would allow them to pass through this cost.
It was vetoed by the Governor last
year because of his concern as to the
effective date. We have amended the law.
Obviously, there's a new effective date. And
it would apply to mortgages after the
effective date of this legislation.
3486
SENATOR SCHNEIDERMAN: Through
you, Mr. President, if the sponsor would yield
for some questions.
ACTING PRESIDENT MEIER: Senator
Skelos, do you yield for a question?
SENATOR SKELOS: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SCHNEIDERMAN: Thank you.
This bill appears to be contrary to
the best interests of consumers. Why would we
want to require a borrower to pay the mortgage
recording tax when the lender currently pays
the tax?
SENATOR SKELOS: This is in the
best interest of companies looking to -- New
York State companies looking to have mortgages
placed within the state. It's pro-New York.
SENATOR SCHNEIDERMAN: Through
you, Mr. President, if the sponsor would
continue to yield.
ACTING PRESIDENT MEIER: Senator
Skelos, do you yield?
SENATOR SKELOS: Yes, I do.
ACTING PRESIDENT MEIER: The
3487
sponsor yields.
SENATOR SCHNEIDERMAN: But it
would seem that institutions licensed by
New York State would have an actual advantage
here competitively, because the public would
know that they don't pass through the cost of
the mortgage recording tax, unlike federally
chartered institutions, licensed institutions.
So it would seem that that would in
fact confer an advantage on them that we're
now in the process of taking away.
SENATOR SKELOS: Everybody would
have to pay the mortgage recording tax. It's
just that they could then pass it through as a
cost of making the loan.
SENATOR SCHNEIDERMAN: Through
you, Mr. President. But isn't that removing
an advantage that these institutions have now
in terms of the ability to communicate to
consumers?
SENATOR SKELOS: New York lenders
presently cannot pass that through.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Mr.
3488
President, if the sponsor would continue to
yield.
ACTING PRESIDENT MEIER: Senator
Skelos, do you yield?
SENATOR SKELOS: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SCHNEIDERMAN: My concern
is that under the present circumstances,
New York State-licensed mortgage lenders --
every consumer knows that those institutions
are not going to pass the mortgage recording
tax along to the consumers. It's a
distinction that creates an advantage, if you
will, competitively.
This would reduce any incentive for
anyone to use a New York State-licensed
mortgage lender as opposed to a federally
licensed mortgage lender. Won't this have the
result of reducing the number of consumers who
use New York State-licensed mortgage lenders?
SENATOR SKELOS: This has been --
it's supported by that industry. They have
met with us in support of the legislation. So
obviously they feel that they are not going to
3489
be hurt.
SENATOR SCHNEIDERMAN: Well,
through you, Mr. President, I -- if he'd yield
for one final question.
ACTING PRESIDENT MEIER: Senator
Skelos, will you yield?
SENATOR SKELOS: Yes.
SENATOR SCHNEIDERMAN: When the
Governor vetoed this -- and I certainly do not
mean to convey that what the Governor says in
veto messages are always correct by any
means -- but in addition to noting the concern
about the effective date, the Governor stated
that he was concerned that the bill would
adversely affect purchasers of single-family
homes.
And I'm wondering if that has been
taken into account in the amendments of the
bill.
SENATOR SKELOS: I can't speak
for the Governor, but I believe his concern
was about mortgages that were already in the
process at the time of the effective date of
this legislation.
SENATOR SCHNEIDERMAN: Thank you,
3490
Mr. President. On the bill.
ACTING PRESIDENT MEIER: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: I do think
that this is something that is contrary to the
interests of consumers. I understand why
lenders want to be able to pass along to
borrowers the mortgage recording tax, but I
really don't understand how this benefits the
consumers of New York State.
It also really does undercut -- and
I think it's a matter of shortsightedness of
this industry -- it really does undercut a
competitive advantage that New York
State-licensed mortgage lenders currently
have, as consumers know that that's the one
place that they're not going to have the costs
of the mortgage recording tax passed on to
them.
I think this is something that is a
shortsighted effort by the industry to reduce
its costs, with more long-term negative
consequences both for the borrowers and the
lenders. So I will be voting no.
Thank you, Mr. President.
3491
ACTING PRESIDENT MEIER: Does any
other Senator wish to be heard on the bill?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 60th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1052 are
Senators L. Krueger, Montgomery, Paterson, and
Schneiderman. Ayes, 56. Nays, 4.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos, that completes the
calendar.
SENATOR SKELOS: Mr. President,
we're not prepared to call the Rules Committee
meeting quite yet, so why don't we stand at
ease at this time. Maybe there's some motions
or housekeeping.
Is there any housekeeping at the
desk?
ACTING PRESIDENT MEIER: I think
we just have the one motion, Senator.
3492
Senator Seward.
SENATOR SEWARD: Yes, Mr.
President. I wish to call up Senator
Flanagan's bill, Print Number 4990, recalled
from the Assembly, which is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
795, by Senator Flanagan, Senate Print 4990,
an act to amend the Navigation Law.
SENATOR SEWARD: 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, 60.
ACTING PRESIDENT MEIER: Senator
Seward.
SENATOR SEWARD: Yes, Mr.
President, I now offer the following
amendments.
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
Senator Skelos.
3493
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Rules Committee in the Majority Conference
Room.
And the Senate will stand at ease
pending the return of the report of the Rules
Committee.
ACTING PRESIDENT MEIER:
Immediate meeting of the Rules Committee in
the Majority Conference Room.
The Senate will stand at ease
pending the report of the Rules Committee.
(Whereupon, the Senate stood at
ease at 4:00 p.m.)
(Whereupon, the Senate reconvened
at 4:10 p.m.)
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Can we return to
reports of standing committees.
I believe there's a report of the
Rules Committee at the desk. I ask that it be
read.
ACTING PRESIDENT MEIER: Reports
3494
of standing committees.
The Secretary will read the report
of the Rules Committee.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 44, by Senator Alesi,
an act to amend the Public Health Law;
1459, by Senator Fuschillo, an act
to authorize;
1520A, by Senator Bonacic, an act
to give the Town of Thompson;
1571A, by Senator Fuschillo, an act
to authorize;
1806A, by Senator Larkin, an act to
amend the General Municipal Law;
2059, by Senator Farley, an act to
amend the Environmental Conservation Law;
2062A, by Senator LaValle, an act
to amend the General Obligations Law;
2527, by Senator Trunzo, an act to
amend the Real Property Law;
2689, by Senator Mendez, an act to
amend the Election Law;
2739, by Senator Volker, an act to
3495
amend the Retirement and Social Security Law;
2940, by Senator Kuhl, an act to
amend the Tax Law;
3025, by Senator Nozzolio, an act
to permit;
3222, by Senator Spano, an act to
authorize;
3386, by Senator Little, an act to
authorize;
3387, by Senator Seward, an act to
amend the Tax Law;
3426, by Senator Saland, an act to
amend Chapter 505 of the Laws of 1985;
3427, by Senator Marchi, an act in
relation to directing;
3584, by Senator Flanagan, an act
to amend the Correction Law;
3664, by Senator Oppenheimer, an
act to amend the Penal Law;
3702A, by Senator Maziarz, an act
to amend the Tax Law;
3710, by Senator Morahan, an act
authorizing;
3845, by Senator Rath, an act to
amend the Penal Law;
3496
3919A, by Senator Saland, an act to
amend Chapter 942 of the Laws of 1983;
4130, by Senator Marcellino, an act
to amend the Environmental Conservation Law;
4181, by Senator Golden, an act to
amend Chapter 929 of the Laws of 1986;
4807A, by the Senate Committee on
Rules, an act to amend the Tax Law;
4905, by Senator DeFrancisco, an
act to amend the Surrogate's Court Procedure
Act;
4940, by Senator Wright, an act to
amend the Environmental Conservation Law;
4984, by Senator Rath, an act to
amend the Social Services Law;
5095, by the Senate Committee on
Rules, an act to amend Chapter 272 of the Laws
of 1991;
5115, by Senator Nozzolio, an act
to amend the Executive Law;
5135, by Senator Skelos, an act to
amend the Correction Law;
And Senate Print 5159, by Senator
Balboni, an act to amend the Executive Law.
All bills ordered direct to third
3497
reading.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Move to accept
the report of the Rules Committee.
ACTING PRESIDENT MEIER: All
those in favor of accepting the report of the
Rules Committee say aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
report of the Rules Committee is accepted.
Senator Skelos.
SENATOR SKELOS: Please recognize
Senator Stachowski.
ACTING PRESIDENT MEIER: Senator
Stachowski.
SENATOR STACHOWSKI: Mr.
President, can I have unanimous consent to be
recorded in the negative on Calendar 1042,
Senate 1185, please.
ACTING PRESIDENT MEIER: Without
objection, Senator Stachowski will be recorded
3498
in the negative on Calendar 1042.
Senator Skelos.
SENATOR SKELOS: Is there any
other housekeeping at the desk?
ACTING PRESIDENT MEIER: No,
there is not.
SENATOR SKELOS: Mr. President,
there being no further business, I move that
the Senate stand adjourned until Wednesday,
June 4th, at 11:00 a.m.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Wednesday, June the 4th, at 11:00 a.m.
(Whereupon, at 4:14 p.m., the
Senate adjourned.)