Regular Session - January 12, 2004
29
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
January 12, 2004
3:15 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
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 bow our heads, please, in a
moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Friday, January 9, the Senate met pursuant to
adjournment. The Journal of Thursday,
January 8, 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, Robert S. Smith, of New York.
THE PRESIDENT: Senator
DeFrancisco.
SENATOR DeFRANCISCO: I would
like to report to the full Senate that Robert
S. Smith appeared before the Judiciary
Committee this morning. There was quite a
lengthy discussion and review of his
credentials, he was found to be qualified, and
there was a unanimous vote on his behalf to
recommend Mr. Smith as an associate justice of
the Court of Appeals.
I'd like to defer my comments until
after Senator Bruno speaks.
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Thank you, Madam
President.
Thank you, Senator DeFrancisco.
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Thank you to you, as chair of Judiciary, for
your deliberations, and to the committee, on
behalf of the Senate, in having very
thoroughly examined the qualifications of Bob
Smith.
And I think we're indebted to the
Governor for having made the selection of Bob
Smith to be an associate of the highest courts
here in the state.
And when you take a look at his
background, you can see how he is one of the
most accomplished legal experts in this state,
graduating, I believe, first from Columbia,
which is quite an honor and distinction, being
editor-in-chief of the very prestigious
Columbia Law Review. And I believe the
New York State Bar Association gives Mr. Smith
an unqualified highest rating.
Trial lawyer by background, has
tried fifty-plus major cases, has appeared
before every court, including the U.S. Supreme
Court, where he, by his thorough background
knowledge, research, distinguishes himself.
We're proud that we in this house
can confirm Mr. Smith to be Judge Smith and
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represent us here in this state.
And again, I want to commend the
Governor for this very wise selection, one of
the most qualified individuals that we could
confirm here in the Senate for this very high
office.
Thank you, Madam President.
Thank you, Senator DeFrancisco.
THE PRESIDENT: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Yes, I rise
to move the nomination of Robert S. Smith to
become an associate justice of the Court of
Appeals of the State of New York.
You know, prior to this particular
committee meeting there's been a lot of
discussion in the press about various issues.
And obviously all of us are concerned about
certain issues and certain cases that have
been handed down.
There never, ever was, nor could
there be, any dispute about the qualifications
of this man to the position that he's been
nominated to. Senator Bruno mentioned some of
them. But to be a member of Phi Beta Kappa
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and graduate from Stafford with highest
honors, be first in his class at Columbia Law
School and editor-in-chief of the Law Review,
a partner in one of the most prestigious firms
in the country -- Paul, Weiss -- visiting
professor at Columbia Law School, cochair of
the New York State Bar Association Commission
on Judicial Administration. And he's written
many, many articles on very complex issues and
has tried very complex pieces of litigation.
I was pleased to hear Senator Bruno
say something good about trial lawyers,
because that's a very good thing. Because
being a trial lawyer, especially assuming the
bench, is extremely important. Having that
background, knowing what it is like to be in
the trenches and to understand the
complexities and the practicalities of
litigation is extremely important.
As I mentioned, there was a lot of
discussion before the committee meeting. And
I'm very pleased to say that the committee
meeting was not a lot of fireworks, as was
anticipated, but true, serious discussion,
honest answers on very difficult issues. And
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Mr. Smith certainly held his own in that
meeting and made comments that comforted most
of us on some of these issues -- I'd say all
of us in the committee, since we all voted in
his favor.
Senator Velella had a great
argument, a great point, and I'll repeat it.
And the point was maybe each year you might
want to read what you said to the committee,
just to remind yourself. Because that's what
we're relying on, what you said to the
committee. And I think that was a good
suggestion for everyone to do, whether you're
a judge or a legislator.
So I'm very pleased to rise in
support of this nominee and to move his
nomination.
THE PRESIDENT: Senator Malcolm
Smith.
SENATOR MALCOLM SMITH: Thank you
very much, Madam President.
I rise to second the nomination of
Mr. Smith, not only because of his impeccable
credentials but also because he obviously is
someone who understands the importance of the
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position which he will soon be undertaking.
The Governor has once again
recommended someone with tremendous
credentials. Senator Bruno talked about him
being first in his class at Columbia Law
School. And I'm not sure people recognize how
tremendous of a feat that is. It is by no
means something that is simple or easy to
accomplish.
He also has done a tremendous
amount of pro bono work in the area of
defending the death penalty and is in private
practice for 35 years.
But more importantly than any of
his credentials, Madam President, there is one
thing that I have not completed my analysis
on, but based on his last name, I think we do
have a relationship somewhere. And it will be
quite, frankly, very nice to have a cousin or
a relative on the Court of Appeals bench.
Thank you.
(Laughter.)
THE PRESIDENT: Thank you,
Senator Smith.
Senator Brown.
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SENATOR BROWN: Thank you.
I want to congratulate Mr. Smith on
his nomination to the Court of Appeals.
But I do feel it's important to
raise a concern. This concern in no way is
being raised to distract from Mr. Smith's
credentials. But I am concerned about
geographic diversity on the Court of Appeals.
And it saddens me that as we look at our Court
of Appeals for the State of New York, there
are no members from west of Albany on the
Court of Appeals.
I just feel it's important to
highlight that. And I'm hopeful that in the
near future, as other appointment
opportunities come available, that this
discrepancy in terms of geographic diversity
on the Court of Appeals will be recognized.
Thank you.
THE PRESIDENT: Senator Balboni.
SENATOR BALBONI: Madam
President, I think it's important at this
point in time not only to look at the
qualifications and credentials of this
particular nominee but also to recognize that
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the vote in favor for this particular
candidate will signal the completion of a
Pataki mark on this court.
And when you take a look at the
experience, the expertise, the intellectual
firepower that the Governor has assembled on
this court, I think that what it says is that
you have the ability to shape opinions and to
really change the way that the Legislature
interacts with the highest court of the state.
And I think with hopefully soon to
be Judge Smith, what you have here is someone
that, when you look at his resume, you realize
that it doesn't necessarily matter that you've
had a judicial post beforehand, it doesn't
necessarily matter that you may have had
opinions in the numerous trials that you've
had beforehand, what matters is that you are
qualified, competent, capable.
And frankly, I dare anyone to look
at this resume and not say "show off." I
mean, it's an amazing resume. And I think
that this is a mark for this court and for
this state that leads the way in this nation.
I'm going to support the nominee,
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Madam President.
THE PRESIDENT: Senator Maziarz.
SENATOR MAZIARZ: Thank you very
much, Madam President.
Mr. Smith, I attended the Judiciary
Committee meeting today at the invitation of
the chair. I am not a member of that
committee. And I have to tell you that I was
truly undecided as to how I was going to vote
on this nomination today.
Because, quite frankly, I was
inclined at the time to probably vote in
opposition to your nomination, if only for no
other reason than to send a message to
Judge Kaye and Judge Bundy Smith and Judge
Ciparick and Judge Rosenblatt, send them a
message that this legislative body was
extremely disappointed in their decision that
they recently made in December in overturning
the death penalty case of one James Cahill of
Syracuse.
Mr. Smith -- soon to be Judge
Smith, I'm sure -- sitting to your right is a
woman by the name of Debra Jaeger. And Debra
testified today before that committee. And
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Debra's sister, Jill Cahill, was murdered by
her husband.
And the district attorney of
Onondaga County made a very difficult
decision, after a prolonged process, to seek
the death penalty against Mr. Cahill.
And a jury of his peers, twelve
people, in Onondaga County, struggled a great
deal through the deliberative process, through
the trial, through the penalty phase,
struggled a great deal with the death penalty
decision. One juror, in fact, was so
emotionally distraught that she had to be
taken to a hospital.
But in the end, that jury
unanimously agreed with the death penalty
verdict as it was constituted by this
Legislature -- this Senate, this Assembly --
and signed into law by this Governor.
But four individuals, four
colleagues whom you are going to be serving
with very soon, sought, I think for their own
personal beliefs in opposition to capital
punishment, sought to throw aside the feelings
of the Senate, of the Assembly, of the
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Governor, and most importantly, I think, of
twelve independently chosen individuals who
did their job, who did their job in Onondaga
County.
You said two things this morning,
Mr. Smith, that quite frankly changed my mind.
You said that parties before a judge or a
court are not the only ones affected by a
decision of a court. And you said that you
would remember that as you served on the Court
of Appeals. That decision by those four
justices clearly impacted Debra Jaeger and her
family.
The second thing you said is that a
court is not supposed to overrule the
Legislature. Because I truly believe,
listening to you this morning, Mr. Smith, that
you will keep that promise that you made
today.
I intend, Madam President, on
voting in the affirmative. Thank you very
much.
THE PRESIDENT: Senator Nozzolio.
SENATOR NOZZOLIO: Thank you,
Madam President.
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I wish to rise and endorse the
candidacy of Judge Smith to the Court of
Appeals. In echoing the comments of my good
friend and colleague Senator Maziarz, that the
wonderful resume presented to this body by Bob
Smith is exemplary and, I am sure, throughout
his academic and legal training, developed a
keen sense of not just knowledge of the law
but respect for the law and love of the law.
And that law is made here. I need
remind all those who practice in our courts
that this is the legislative body, this is the
voice of the people. And that this body,
within the framework of the federal and state
constitution, does make the law.
I'd be remiss if I didn't say why
we were here today, and that's to fill a
vacancy left by the elevation of our dear
friend Judge Dick Wesley, who has left the
Court of Appeals to serve, under the
nomination of President George Bush, to serve
as a member of the federal District Court of
Appeals for the Second Circuit, an honor of
great note.
And that I know those of us in the
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Legislature who served at one time with former
Assemblyman Dick Wesley are extremely pleased
that he has taken up this responsibility to
serve in one of the highest courts of this
nation.
This vacancy presents an
opportunity for us to review the
qualifications of Robert S. Smith. And
certainly those qualifications are very well
noted. We respect his accomplishment. And I
for one believe that he is very well qualified
to serve as judge.
I think it's mindful that the seat
which he is to take is a seat that was held by
a former legislator, one who had a great
respect for the process that we engage in each
and every day in these halls of this floor of
the State Capitol. Judge Wesley respected the
legislative process a great deal. It is my
hope that Judge Smith will do the same.
I wish him well, congratulate him
on this, and I certainly will support his
nomination.
Thank you, Madam President.
THE PRESIDENT: Senator
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Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President.
I rise also in support of the
nomination of Mr. Smith to the court. And I
think -- I have conferred with some of his
former partners about him and have been
advised that this is in fact a very heroic
individual who managed to survive for many,
many years as the lone Republican at Paul,
Weiss, Rifkind, Wharton & Garrison. Which is
something of an accomplishment, given the fact
that most of the rest of them were my friends
in the National Lawyers Guild.
I understand from people who do
disagree with Mr. Smith politically that even
among people who disagree with him -- and I
call this to the attention of my colleagues
who may disagree with him on one or another
issue -- he is someone who's regarded as a
person of tremendous integrity, of great
independence, and of someone who has really
established the fact that he is what we crave
in judges: he is an independent thinker who
will evaluate cases on the merits.
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He is, I gather from his partners,
an extraordinary lawyer. And it sounds as
though we are very, very fortunate to have him
as a nominee.
And whether or not we agree with
the judge on every issue -- and I've been in
court in front of many judges who I disagreed
with vehemently -- what you want is a fair
hearing, an independent judgment, and a fine
mind. And Judge Smith, soon to be, has all of
those.
Thank you.
THE PRESIDENT: Senator Diaz.
SENATOR DIAZ: Thank you, Madam
President.
A few weeks ago, when I heard of
the nomination of Mr. Smith by Governor
Pataki, I was troubled and I wrote an
educational piece on the -- in one of the
New York City newspapers that was responded by
Herman Badillo.
And I expressed my concern not
based on Mr. Smith's qualifications, I
expressed my concern, Madam President, on the
political contributions that Mr. Smith made to
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Governor Pataki and to the members of the
Republican Party.
Why did I -- why does that concern
me, and what was my worry? In New York City,
there was a time when politics was usual and
normal, and the way judges had been chosen for
years was the same way. And we, black and
Hispanic, we never used to have the
opportunity to choose judges and to appoint
them. Until we got the opportunity to get
some of our members to become county
Democratic chairmen.
Once that happened and we, black
and Hispanic, had the opportunity of choosing
and appointing judges, someone decided that
the rules of the game was wrong and that we
have to change the system of appointing
judges.
And they used the county chairman
of Brooklyn, Mr. Norman, as an example of
that, because of political contributions and
all of those things.
And then I got worried because I
read in somewhere that for the past five
years, Mr. Smith -- for example, in 1999, he
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donated $10,000 to the Republican Committee,
$10,000 to Friends of Pataki, $500 to the
New York State Senate Republican Campaign
Committee.
In 2000, he donated $10,000 to the
New York State Republican Committee and $1,000
to the Committee for Goodman.
In 2001, he donated $20,700 to
Friends of Pataki and $6,000 to the New York
State Republican Committee.
In 2002, he donated $500 to People
for Ravitz, $25,000 to the New York State
Republican Committee, $500 to Eristoff for
State Senate, $2,000 to Friends of John Faso,
and $5,000 to the State Conservative Campaign
Committee.
And in 2003, he donated $30,000 to
the Republican Committee and $1,000 to
New Yorkers for Randy Daniels.
So that concerned me, the way that
he was chosen, but not based on his
qualifications. I was concerned on the way
that it was pointed by the news that if in
Brooklyn it's wrong to elect judges that way,
how come it's okay for the Governor too to do
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it.
But this morning, after meeting in
my Democratic conference and listening to my
Democratic leader and listening to his advice,
Senator Paterson, on the whole situation, I
got cleared up. And I'm ready to support the
nomination of Senator [sic] Smith like
everybody is doing.
Thank you very much.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Thank you.
I've never been recognized so quickly in this
chamber.
I want to thank Mr. Smith for his
attention that he paid to the Senate Minority,
speaking to the ranker on the Judiciary
Committee -- also Senator Smith, no
relation -- and speaking to me about some of
his ideas. He's quite well prepared. He's
quite -- one who responds very quickly to
issues.
It's rare that a person goes
directly to the bench at this high a level,
but it's also rare that we have a candidate of
his caliber that comes before us.
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So I want to congratulate the
Governor for his suggestion and his
appointment, and certainly aver that we
confirm this appointment, and thank Senator
Bruno for his help in the process as well.
THE PRESIDENT: Does any other
Senator wish to be heard?
The question, then, is on the
confirmation of Robert S. Smith as Associate
Judge of the Court of Appeals. All in favor
please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: Robert S. Smith
is hereby confirmed as an Associate Judge of
the New York State Court of Appeals.
Congratulations, Judge Smith.
(Applause.)
THE PRESIDENT: Judge Smith is
accompanied this afternoon by his wife, Dian,
and his daughter, Rosie.
And on behalf of the Senate and as
President of the Senate, Judge Smith, I want
to echo what has been said in this chamber.
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New York State is indeed fortunate that
someone of your intelligence, integrity,
scholarship, and wide-ranging experience is
willing to assume the awesome responsibility
of being a judge in our Court of Appeals.
Best wishes to you, and thank you.
Senator Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Local Government Committee in the Majority
Conference Room, followed by -- and we'll
announce it -- a Higher Education Committee
meeting and then a Transportation Committee
meeting.
THE PRESIDENT: There will be an
immediate meeting of the Local Government
Committee in the Majority Conference Room,
followed by a Higher Education Committee
meeting and a Transportation Committee
meeting.
The Secretary will read.
THE SECRETARY: Senator Spano,
from the Committee on Investigations and
Government Operations, reports:
Senate Print 1144, by Senator
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DeFrancisco, an act to amend the Tax Law;
2668, by Senator Golden, an act to
amend the Tax Law;
3609, by Senator Balboni, an act to
amend the Tax Law;
3850, by Senator Rath, an act to
amend the Legislative Law;
And Senate Print 5883, by Senator
Volker, an act to amend the Tax Law.
All bills ordered direct to third
reading.
THE PRESIDENT: Without
objection, all bills are reported directly to
third reading.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Skelos.
SENATOR SKELOS: Madam President,
there's a privileged resolution at the desk by
Senator Meier. May we please have it read in
its entirety and move for its immediate
adoption.
THE PRESIDENT: The Secretary
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will read.
THE SECRETARY: By Senator Meier,
Legislative Resolution Number 3035,
congratulating the Mohawk Valley Community
College Women's Soccer Team and Coach Steve
Senior upon the occasion of capturing the 2003
National Junior College Athletic Association
Championship.
"WHEREAS, Excellence and success in
competitive sports can be achieved only
through strenuous practice, team play, and
team spirit, nurtured by dedicated coaching
and strategic planning; and
"WHEREAS, Athletic competition
enhances the moral and physical development of
the young people of this state, preparing them
for the future by instilling in them the value
of teamwork, encouraging a standard of healthy
living, imparting a desire for success, and
developing a sense of fair play and
competition; and
"WHEREAS, The Mohawk Valley
Community College Women's Soccer Team are the
2003 National Junior College Athletic
Association Champions; and
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"WHEREAS, In the championship game,
the Mohawk Valley Community College Women's
Soccer Team defeated Nassau Community College
2 to 1, to capture the first National Junior
College Athletic Association title; and
"WHEREAS, Tournament Most Valuable
Player, Kristin Farrell, and Sarin Cavallo
scored goals in the first half of the game;
Julie Masi got an assist on Sarin Cavallo's
goal, and goalkeeper Amanda Hawthorne had nine
saves; and
"WHEREAS, Members on the
All-Tournament Team with Kristin Farrell and
Sarin Cavallo were Amanda Hawthorne, Stephanie
Oyer, and Emily Galiulo; and
"WHEREAS, The athletic talent
displayed by this team is due in great part to
the efforts of Coach Steve Senior, a skilled
and inspirational tutor, respected for his
ability to develop potential into excellence;
and
"WHEREAS, The team's overall record
of 17, 2, and 1 is outstanding, and the team
members were loyally and enthusiastically
supported by family, fans, friends and the
54
community at large; and
"WHEREAS, The hallmarks of the
Mohawk Valley Community College Women's Soccer
Team, from the opening game of the season to
participation in the championship game at
Genesee Community College in Batavia, New
York, were a sisterhood of athletic ability,
of good sportsmanship, of honor and of
scholarship, demonstrating that these team
players are second to none; and
"WHEREAS, Athletically and
academically, the team members have proven
themselves to be an unbeatable combination of
talents, reflecting favorably on their school;
and
"WHEREAS, Coach Steve Senior has
done a superb job in guiding, molding, and
inspiring the team members toward their goals,
and has received the aid and support of
Assistant Coach Robert Clemente; and
"WHEREAS, Sports competition
instills the values of teamwork, pride and
accomplishment, and Coach Steve Senior and his
outstanding athletes have clearly made a
contribution to the spirit of excellence which
55
is a tradition of their school; now,
therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to
congratulate the Mohawk Valley Community
College Women's Soccer Team; its members --
Sarin Cavallo, Tawn Edgerly, Kristin Farrell,
Jennifer Foti, Audrey Galiulo, Emily Galiulo,
Sarah LaReaux, Julie Masi, Stephanie Oyer,
Kelly Parks, Melissa Roberts, Jennifer
Rotella, and Amanda Hawthorne -- Assistant
Coach Robert Clemente, and Coach Steve Senior
on their outstanding season and overall team
record; and be it further
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to the Mohawk Valley Community College Women's
Soccer Team and to Coach Steve Senior."
THE PRESIDENT: Senator Meier.
SENATOR MEIER: Thank you, Madam
President.
I think truly one of the most
enjoyable things we get to do in this chamber
is to recognize the accomplishments of our
citizens, especially when it's some of our
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young citizens. And this is truly an
outstanding group of young women who have won
this national championship.
It's also a testament to the
athletic ability we find around this state,
when you think that in order to win the
national championship they had to defeat teams
from Nassau County and also from Broome
County.
Now, ladies, the gentleman sitting
over here, the Deputy Majority Leader, Senator
Skelos, represents Nassau County. The man
that you just saw me speaking to was Senator
Libous, who represents Broome County. And
they informed me they're sending huge state
grants into their county to try to spruce up
those soccer teams. So next year, it could be
a little rougher. But I know you can beat
them anyway.
And they beat teams from other
states, too, including from Howard Community
College in Maryland.
When you have the kind of record
that they have -- 17, 2, and 1 -- that's a
testament to teamwork, that's a testament to
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good coaching, that's a testament to pride and
to the support they received from their
college community, their friends and their
families.
I'm very proud of you, to represent
you as your Senator, and this body is very
proud of you that you brought that title home
to the great State of New York.
Congratulations, and good luck with
all your future endeavors.
Thank you, Madam President.
(Applause.)
THE PRESIDENT: The question is
on the resolution. All in favor please
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Congratulations to all of you.
(Applause.)
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
we're not going to adjourn at this point
58
because there are two more committee meetings
that must be held. We will await those
meetings and take their report at the
appropriate time.
So just for planning purposes, I
guess enjoy the rest of the day.
THE PRESIDENT: Senator, we do
have motions, I understand. Are you ready to
proceed with them now?
SENATOR SKELOS: Okay. If we
could do the motions, then.
THE PRESIDENT: Thank you,
Senator.
Senator Fuschillo first.
SENATOR FUSCHILLO: Thank you,
Madam President.
I move that the following bills be
discharged from their respective committees
and be recommitted with instructions to strike
the enacting clause:
Senate Print Number 666A, by
Senator Fuschillo;
Senate Number 4515, by Senator
Fuschillo;
Senate Number 5336, by Senator
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Fuschillo;
2625A, by Senator Little;
382, by Senator Maltese;
1601, by Senator Maltese;
5333, by Senator Maltese;
1277, by Senator Meier;
5379, by Senator Meier;
632, by Senator Seward;
1137, by Senator Seward;
1372A, by Senator Seward;
5622, by Senator Seward;
5699, by Senator Seward;
261, by Senator Skelos;
3398D, by Senator Skelos;
5713A, by Senator Skelos;
5718, by Senator Skelos;
39, by Senator Volker;
1889, by Senator Volker;
5800, by Senator Volker;
5642, by Senator Johnson;
And 5694, by Senator Marcellino.
THE PRESIDENT: So ordered.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President.
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I would also move that the
following bills be discharged from their
respective committees and be recommitted with
instructions to strike the enacting clause:
Senate Number 370, by Senator
Andrews;
Senate 547, by Senator Andrews;
Senate 706, by Senator Andrews;
Senate 378, by me;
Senate 269, by Senator M. Smith;
Senate 691, by Senator M. Smith;
Senate 876, also by Senator M.
Smith;
And Senate 3807, also by Senator
Malcolm Smith.
Thank you.
THE PRESIDENT: So ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
we'll just stand at ease.
THE PRESIDENT: The Senate stands
at ease.
(Whereupon, the Senate stood at
ease at 3:50 p.m.)
(Whereupon, the Senate reconvened
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at 3:52 p.m.)
ACTING PRESIDENT FUSCHILLO:
Senator Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Higher Education Committee in the Majority
Conference Room.
ACTING PRESIDENT FUSCHILLO:
There will be an immediate meeting of the
Higher Education Committee in the Majority
Conference Room.
SENATOR SKELOS: Thank you.
We'll continue to stand at ease.
ACTING PRESIDENT FUSCHILLO: The
Senate stands at ease.
(Whereupon, the Senate stood at
ease at 3:53 p.m.)
(Whereupon, the Senate reconvened
at 4:02 p.m.)
ACTING PRESIDENT FUSCHILLO:
Senator Morahan.
SENATOR MORAHAN: Yes, Mr.
President. There will be an immediate meeting
of the Transportation Committee in the
Majority Conference Room.
62
ACTING PRESIDENT FUSCHILLO:
There will be an immediate meeting of the
Transportation Committee in the Majority
Conference Room.
The Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 4:03 p.m.)
(Whereupon, the Senate reconvened
at 4:15 p.m.)
ACTING PRESIDENT FUSCHILLO:
Senator Morahan.
SENATOR MORAHAN: Yes, Mr.
President. Can we return to reports of
standing committees.
ACTING PRESIDENT FUSCHILLO:
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator LaValle,
from the Committee on Higher Education,
reports:
Senate Print 294, by Senator
LaValle, an act to amend the Education Law;
345A, by Senator LaValle, an act to
amend the Education Law;
487, by Senator LaValle, an act to
63
amend the Education Law;
And 4082A, by Senator LaValle, an
act to amend the Education Law.
Senator Little, from the Committee
on Local Government, reports:
Senate Print 839, by Senator
LaValle, an act to amend the Town Law.
916, by Senator LaValle, an act to
amend the General Municipal Law;
1382, by Senator Larkin, an act to
amend the General Municipal Law;
2066, by Senator LaValle, an act to
amend the General Municipal Law;
2743, by Senator LaValle, an act to
amend the Town Law;
2771, by Senator McGee, an act to
amend the General Municipal Law;
2962, by Senator Little, an act to
amend the Real Property Tax Law;
3701, by Senator Maziarz, an act to
amend the Real Property Tax Law;
4949, by Senator Little, an act to
amend the General Municipal Law;
And Senate Print 5659, by Senator
Larkin, an act to amend the Real Property Tax
64
Law.
Senator Kuhl, from the Committee on
Transportation, reports:
Senate Print 112, by Senator
Velella, an act to amend the Vehicle and
Traffic Law;
264A, by Senator Maziarz, an act to
amend the Highway Law;
524, by Senator Balboni, an act to
amend the General Business Law;
924C, by Senator LaValle, an act to
amend the Highway Law;
1189, by Senator Larkin, an act to
amend the Vehicle and Traffic Law;
1247, by Senator Kuhl, an act to
amend the Highway Law;
1429, by Senator Kuhl, an act to
amend the Vehicle and Traffic Law;
1876, by Senator Kuhl, an act to
amend the Vehicle and Traffic Law;
And Senate Print 3782A, by Senator
Johnson, an act to amend the Vehicle and
Traffic Law.
All bills ordered direct to third
reading.
65
ACTING PRESIDENT FUSCHILLO: So
ordered.
Senator Morahan.
SENATOR MORAHAN: Is there any
housekeeping at the desk, Mr. President?
ACTING PRESIDENT FUSCHILLO: No,
there's not.
SENATOR MORAHAN: There being no
further business before the Senate, I move
that the Senate stand adjourned until Tuesday,
January 13th, at 11:00 a.m.
ACTING PRESIDENT FUSCHILLO: On
motion, the Senate stands adjourned until
Tuesday, January 13th, at 11:00 a.m.
(Whereupon, at 4:17 p.m., the
Senate adjourned.)