Regular Session - March 8, 2005
803
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 8, 2005
11 3:08 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR CARL L. MARCELLINO, Acting President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
Candyco Transcription Service, Inc.
(518) 371-8910
804
1 P R O C E E D I N G S
2 ACTING PRESIDENT MARCELLINO: The
3 Senate will come to order.
4 I would ask everyone present to
5 please rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT MARCELLINO: The
10 invocation today will be given by His Eminence
11 Edward Cardinal Egan, the Archbishop of the
12 Roman Catholic Archdiocese of New York.
13 CARDINAL EGAN: Thank you very
14 much for the honor of being here with you and
15 for offering a prayer together.
16 Almighty and Eternal Father, we
17 place ourselves in Your presence to ask Your
18 blessing. We thank You for the privilege that
19 is ours, to live and to work out our salvation
20 in a nation committed to justice and
21 opportunity for all without distinction of
22 race or creed.
23 We thank You for the privilege that
24 is ours, to live and to work out our salvation
25 in the Empire State of New York, where men and
Candyco Transcription Service, Inc.
(518) 371-8910
805
1 women of every background come together to
2 build a community distinguished for its
3 energy, tolerance, and economic and cultural
4 achievements.
5 We thank You for the leadership of
6 our Governor and his administration, for our
7 State Legislature, and for the dedicated
8 public servants who labor with devotion and
9 professional excellence for all of us.
10 At the same time, Lord, we present
11 to You our needs. Grant us peace in our
12 hearts, peace in our streets, and, above all,
13 peace among nations across the world.
14 Grant us the wisdom and compassion
15 to see the suffering of the needy among us and
16 to come to their aid, especially those who are
17 hungry and homeless, who are ill, who are
18 mentally afflicted, who are recent arrivals in
19 our land. Grant us a willingness to hear the
20 views of all with openness and respect.
21 And finally, Lord, grant us the
22 grace to see each and every human being who
23 crosses our path in life as Your child,
24 fashioned in Your image and likeness and
25 blessed with a dignity that knows no limit.
Candyco Transcription Service, Inc.
(518) 371-8910
806
1 All of this we pray, in a very
2 special way begging Your grace and benediction
3 on the Senators of this great state, on their
4 families, and on all of us who are so
5 fortunate to have women and men of excellence
6 and devotion serving us, guiding us, leading
7 us.
8 Amen.
9 ACTING PRESIDENT MARCELLINO:
10 Senator Farley.
11 SENATOR FARLEY: Thank you, Mr.
12 President.
13 Cardinal Egan, let me just say on
14 behalf of my fellow Senators how pleased we
15 are for you to be here with us and for that
16 beautiful blessing and prayer. We need
17 prayers and blessings.
18 I think, for the first time in my
19 29-year career here, the Cardinal brought with
20 him eight diocesan bishops from every diocese
21 in the state of New York, and a total of 15
22 bishops that came with you for the Catholic
23 Conference today. We would have them here in
24 the gallery, but there's not room up there for
25 them all.
Candyco Transcription Service, Inc.
(518) 371-8910
807
1 So we're delighted to have you
2 here. We're honored by your presence. And
3 thank you so much, Cardinal.
4 CARDINAL EGAN: Thank you,
5 Senator Farley, very much.
6 (Applause.)
7 ACTING PRESIDENT MARCELLINO:
8 Senator Skelos.
9 SENATOR SKELOS: Reading of the
10 Journal, please.
11 ACTING PRESIDENT MARCELLINO: May
12 we have the reading of the Journal.
13 THE SECRETARY: In Senate,
14 Monday, March 7, the Senate met pursuant to
15 adjournment. The Journal of Friday, March 4,
16 was read and approved. On motion, Senate
17 adjourned.
18 ACTING PRESIDENT MARCELLINO:
19 Without objection, the Journal stands approved
20 as read.
21 Presentation of petitions.
22 Messages from the Assembly.
23 Messages from the Governor.
24 Reports of standing committees.
25 The Secretary will read.
Candyco Transcription Service, Inc.
(518) 371-8910
808
1 THE SECRETARY: Senator Johnson,
2 from the Committee on Finance, reports the
3 following nominations:
4 As Commissioner of General
5 Services, Daniel Hogan, of Slingerlands.
6 ACTING PRESIDENT MARCELLINO:
7 Senator Johnson.
8 SENATOR JOHNSON: Move the
9 nomination, Mr. President.
10 ACTING PRESIDENT MARCELLINO:
11 Senator Maziarz.
12 SENATOR MAZIARZ: Thank you very
13 much, Mr. President.
14 On this nomination, I just want to
15 congratulate Dan and his family. Dan actually
16 came to Albany from Niagara County under the
17 auspices and direction of former State
18 Senator, my predecessor, John Daly.
19 He did an excellent job, I know,
20 working for the Senate for a number of years,
21 and then went to work for Governor Pataki in
22 various capacities. And has always, always
23 done an excellent job, has built a great
24 reputation out here.
25 Now, I don't know why he would
Candyco Transcription Service, Inc.
(518) 371-8910
809
1 prefer to live in the Capital District, as
2 opposed to Niagara, with the weather that we
3 have here. And it's 80 degrees in Niagara
4 County today, Dan.
5 (Laughter.)
6 SENATOR MAZIARZ: But having said
7 that, Mr. President, I wholeheartedly want to
8 second this nomination, congratulate Dan, his
9 family. I know that his family back in
10 Niagara is extremely proud, not just of this
11 appointment, as well they should be, but of
12 all the accomplishments that you've had during
13 your entire public career.
14 Congratulations. Good luck.
15 ACTING PRESIDENT MARCELLINO:
16 Senator Spano.
17 SENATOR SPANO: Thank you, Mr.
18 President.
19 It's my pleasure to speak in favor
20 and to second the nomination of Dan Hogan.
21 As chair of the Investigations
22 Committee, normally Mr. Hogan's, Commissioner
23 Hogan's nomination would go before that
24 committee. But I was on a bit of a hiatus
25 earlier this year, so you went directly to
Candyco Transcription Service, Inc.
(518) 371-8910
810
1 Finance.
2 (Laughter.)
3 SENATOR SPANO: If your
4 nomination had gone through the committee,
5 certainly we would have found you to be very
6 well qualified for this position. Having
7 served in a legislative capacity and also on
8 the regulatory side of government, you have
9 the unique experience to lead an agency.
10 And we will all certainly be proud
11 of you, and the Governor should be proud of
12 you as an outstanding commissioner. It's my
13 pleasure to second your nomination today.
14 ACTING PRESIDENT MARCELLINO:
15 Senator Volker.
16 SENATOR VOLKER: Mr. President,
17 I'd like to second the nomination of Dan
18 Hogan, who I've known for probably 20, 25
19 years.
20 As I think most of you know, John
21 Daly and I were very close, and in fact I
22 think we almost grew Dan Hogan up. And I just
23 want to say that there couldn't be a better
24 nominee for OGS than Dan.
25 We're proud of what he has been
Candyco Transcription Service, Inc.
(518) 371-8910
811
1 able to accomplish, and I'm sure he'll
2 continue to be a credit to the State of
3 New York.
4 ACTING PRESIDENT MARCELLINO:
5 Senator Breslin.
6 SENATOR BRESLIN: Thank you, Mr.
7 President.
8 I rise to commend the Governor for
9 selecting a very competent and capable
10 professional from my district, someone who
11 graduated with the highest honors from
12 Buffalo, who served Senator John Daly, a
13 friend of all of ours, so well. He was the
14 chief aide for Senator Michael Hoblock, the
15 Deputy County Executive in Albany.
16 And every place he's gone, he's
17 performed admirably. And he'll continue to
18 perform as admirably as the successor to Ken
19 Ringler in the Office of General Services.
20 I commend Dan and wish him well.
21 ACTING PRESIDENT MARCELLINO:
22 Senator Farley, please.
23 SENATOR FARLEY: Thank you, Mr.
24 President.
25 I also rise to support Dan Hogan, a
Candyco Transcription Service, Inc.
(518) 371-8910
812
1 graduate of the Daly school and somebody that
2 has come out of the Senate and really
3 performed so well.
4 You know, the Commissioner of
5 General Services is a terribly, terribly
6 important job for those of us in the Capital
7 District. Needless to say, we have a lot of
8 employees and buildings and so forth that
9 affect our constituents. It's a difficult
10 office, and one that was served admirably by
11 his predecessor, Ken Ringler.
12 And I know that every job that Dan
13 Hogan has done, he's done well. And I look
14 forward to working with him, and wish you the
15 very best.
16 I spoke with him this morning as he
17 was stuck in traffic in this snowstorm, but he
18 made it through. And you make it through on
19 everything. All the best to you, Dan.
20 ACTING PRESIDENT MARCELLINO: Any
21 other Senator wishing to be heard?
22 The question is on the confirmation
23 of Dan Hogan as Commissioner of General
24 Services. All in favor signify by saying aye.
25 (Response of "Aye.")
Candyco Transcription Service, Inc.
(518) 371-8910
813
1 ACTING PRESIDENT MARCELLINO:
2 Opposed, nay.
3 (No response.)
4 ACTING PRESIDENT MARCELLINO: The
5 nominee is hereby confirmed.
6 Congratulations, Mr. Hogan.
7 Mr. Hogan is joined today in the
8 audience by his wife, Carrie Hogan; his
9 daughter, Madeline Hogan; his other daughter,
10 Siobhan Hogan; son, John; and sister, Alyssa.
11 Congratulations, Mr. Hogan.
12 (Applause.)
13 ACTING PRESIDENT MARCELLINO: The
14 Secretary will read the rest of the
15 nominations.
16 THE SECRETARY: As a member of
17 the Dormitory Authority, Anthony B. Martino,
18 of Buffalo.
19 As members of the Capital District
20 Transportation Authority, Donald C. MacElroy,
21 of Clifton Park, and Arthur F. Young, of
22 Delmar.
23 As members of the Port of Oswego
24 Authority, Pamela Caraccioli, of Oswego, and
25 James G. Cloonan, of Oswego.
Candyco Transcription Service, Inc.
(518) 371-8910
814
1 As a member of the
2 Rochester-Genesee Regional Transportation
3 Authority, Robert Radley, of Batavia.
4 As members of the Saratoga Capital
5 District State Park, Recreation and Historic
6 Preservation Commission, Stuart H. Angert, of
7 Amherst, and Heather Mabee, of Saratoga
8 Springs.
9 As a member of the State Park,
10 Recreation and Historic Preservation
11 Commission for the City of New York, Edward F.
12 Cox, Esquire, of New York City.
13 As a member of the Waterfront and
14 Airport Commission of New York and New Jersey,
15 Michael C. Axelrod, Esquire, of Roslyn.
16 As a member of the Board of
17 Directors of the New York Convention Center
18 Operating Corporation, Joseph E. Spinnato, of
19 Muttontown.
20 As a member of the Public Health
21 Council, Peter G. Robinson, of Rochester.
22 As members of the State Council on
23 the Arts, Charles C. Bergman, of New York
24 City, and Lawrence Herbert, of New York City.
25 And as members of the Board of
Candyco Transcription Service, Inc.
(518) 371-8910
815
1 Visitors for the New York School for the
2 Blind, James Robert MacConnell, of Bergen, and
3 Charles R. Ruffino, of Batavia.
4 ACTING PRESIDENT MARCELLINO: The
5 question is on the nominations as read by the
6 Secretary.
7 All in favor signify by saying aye.
8 (Response of "Aye.")
9 ACTING PRESIDENT MARCELLINO:
10 Opposed, nay.
11 (No response.)
12 ACTING PRESIDENT MARCELLINO: The
13 nominees are confirmed.
14 The Secretary will read.
15 THE SECRETARY: Senator Johnson,
16 from the Committee on Finance, reports the
17 following bill direct to third reading:
18 Senate Print 552, Senate Budget
19 Bill, an act making appropriations for the
20 legal requirements.
21 ACTING PRESIDENT MARCELLINO:
22 Without objection, the bill is reported
23 directly to third reading.
24 Reports of select committees.
25 Communications and reports from
Candyco Transcription Service, Inc.
(518) 371-8910
816
1 state officers.
2 Motions and resolutions.
3 Senator Skelos.
4 SENATOR SKELOS: Mr. President, I
5 move that we adopt the Resolution Calendar in
6 its entirety.
7 ACTING PRESIDENT MARCELLINO: All
8 in favor of adopting the Resolution Calendar
9 in its entirety signify by saying aye.
10 (Response of "Aye.")
11 ACTING PRESIDENT MARCELLINO:
12 Opposed, nay.
13 (No response.)
14 ACTING PRESIDENT MARCELLINO: The
15 Resolution Calendar is adopted.
16 Senator Skelos.
17 SENATOR SKELOS: Mr. President,
18 there's a Resolution Number 722, by Senator
19 Winner, at the desk. I ask that the title be
20 read and move for its immediate adoption.
21 ACTING PRESIDENT MARCELLINO: The
22 Secretary will read.
23 THE SECRETARY: By Senator
24 Winner, Legislative Resolution Number 722,
25 memorializing Governor George E. Pataki to
Candyco Transcription Service, Inc.
(518) 371-8910
817
1 proclaim March 8, 2005, as "Occupational
2 Health Awareness and Outreach Day" in the
3 State of New York.
4 SENATOR SKELOS: Mr. President, I
5 believe Senator Winner wishes to open the
6 resolution for cosponsorship. If anybody
7 wishes not to cosponsor the resolution, they
8 should notify the desk.
9 ACTING PRESIDENT MARCELLINO:
10 Anyone wishing not to be on the resolution
11 please notify the desk as such.
12 All in favor of the resolution
13 signify by saying aye.
14 (Response of "Aye.")
15 ACTING PRESIDENT MARCELLINO: All
16 opposed, nay.
17 (No response.)
18 ACTING PRESIDENT MARCELLINO: The
19 ayes have it. The resolution is adopted.
20 Senator Skelos.
21 SENATOR SKELOS: Mr. President,
22 at the desk there's a Resolution Number 723,
23 by Senator Rath. I ask that the title be read
24 and move for its immediate adoption.
25 ACTING PRESIDENT MARCELLINO: The
Candyco Transcription Service, Inc.
(518) 371-8910
818
1 Secretary will read.
2 THE SECRETARY: By Senator Rath,
3 Legislative Resolution Number 723,
4 memorializing The Honorable George E. Pataki
5 to designate March 2005 as "Women's History
6 Month" in the State of New York.
7 ACTING PRESIDENT MARCELLINO: The
8 question is on the resolution. All in favor
9 signify by saying aye.
10 (Response of "Aye.")
11 ACTING PRESIDENT MARCELLINO:
12 Opposed, nay.
13 (No response.)
14 ACTING PRESIDENT MARCELLINO: The
15 resolution is adopted.
16 Senator Skelos.
17 SENATOR SKELOS: Mr. President, I
18 believe Senator Rath wishes to open up the
19 resolution for cosponsorship. If anybody
20 wishes not to sponsor the resolution, they
21 should notify the desk.
22 ACTING PRESIDENT MARCELLINO:
23 Again, if anyone wishes not to be on this
24 resolution, please notify the desk.
25 Otherwise, everybody will be placed on the
Candyco Transcription Service, Inc.
(518) 371-8910
819
1 resolution.
2 Senator Skelos.
3 SENATOR SKELOS: Mr. President,
4 Resolution Number 178, by Senator Golden, that
5 was previously adopted on January 25th, I ask
6 that it be read in its entirety at this time.
7 ACTING PRESIDENT MARCELLINO: The
8 Secretary will read.
9 THE SECRETARY: By Senator
10 Golden, Legislative Resolution Number 178,
11 honoring Brooklyn College student Eugene
12 Shenderov upon the occasion of earning a 2005
13 Rhodes Scholarship.
14 "WHEREAS, It is the intent of this
15 Legislative Body to honor the young adults of
16 today, and the leaders of tomorrow, whose
17 character and achievements best exemplify the
18 ideals and values cherished by this great
19 State and Nation; and
20 "WHEREAS, Attendant to such
21 concern, and in full accord with its
22 long-standing traditions, it is the sense of
23 this Legislative Body to honor Brooklyn
24 College student Eugene Shenderov upon the
25 occasion of earning a 2005 Rhodes Scholarship;
Candyco Transcription Service, Inc.
(518) 371-8910
820
1 and
2 "WHEREAS, Eugene Shenderov was
3 diagnosed with leukemia as a five-year-old in
4 the Ukraine after the Chernobyl nuclear
5 disaster. His family brought him to the
6 United States for therapy. After years of
7 treatment, he was brought back to full health;
8 and
9 "WHEREAS, Eugene Shenderov's
10 experience with leukemia prompted his interest
11 in cancer research. At 21 years of age, he is
12 a Brooklyn College senior in the B.A.-M.D.
13 program and recently has been awarded a 2005
14 Rhodes Scholarship; and
15 "WHEREAS, Eugene Shenderov learned
16 one night, after a full day of interviews with
17 the District II Selection Committee of the
18 Rhodes Trust, that he will be among those
19 traveling to Oxford in October 2005, making
20 him the second Brooklyn College student and
21 the fifth student from the City University of
22 New York ever to receive the most famous
23 scholarship in the world; and
24 "WHEREAS, This will be a return
25 visit to Oxford for Eugene Shenderov, who
Candyco Transcription Service, Inc.
(518) 371-8910
821
1 spent the previous summer there on a Furman
2 Undergraduate Travel Grant from Brooklyn
3 College. He worked as a tumor immunology
4 research assistant at John Radcliffe Hospital
5 with Dr. Enzo Cerundolo at the Weatherall
6 Institute of Molecular Medicine University at
7 Oxford. Eugene Shenderov intends to earn a
8 doctorate in immunology, with a specialty in
9 cancer research; and
10 "WHEREAS, An outstanding student
11 who has maintained a 4.0 grade point average,
12 Eugene Shenderov is active in the community
13 and possesses a wide range of interests. He
14 is an Edward R. Murrow High School graduate,
15 president of the Brooklyn College Chess Team,
16 member of the Golden Key International Honor
17 Society at Brooklyn College, director of the
18 Brooklyn College Emergency Medical Squad, and
19 a three-time letter winner on the men's tennis
20 team; and
21 "WHEREAS, Poised eagerly with
22 enthusiasm and determined purpose, this
23 scholar now stands honorably, with just pride
24 in his accomplishments and in eager
25 anticipation of future challenges,
Candyco Transcription Service, Inc.
(518) 371-8910
822
1 understanding and appreciating the caring
2 counsel and support provided by his teachers,
3 coaches and parents; now, therefore, be it
4 "RESOLVED, That this Legislative
5 Body pause in its deliberations to honor
6 Brooklyn College student Eugene Shenderov upon
7 the occasion of earning a 2005 Rhodes
8 Scholarship; and be it further
9 "RESOLVED, That a copy of this
10 resolution, suitably engrossed, be transmitted
11 to Eugene Shenderov."
12 ACTING PRESIDENT MARCELLINO:
13 Senator Golden.
14 SENATOR GOLDEN: Yes, Mr.
15 President. I'd like to ask --
16 ACTING PRESIDENT MARCELLINO:
17 Excuse me, Senator.
18 Excuse me. Can we have some order
19 in the room, please.
20 Staff, will you take conversations
21 out of the chambers.
22 Senator Golden.
23 SENATOR GOLDEN: Thank you, Mr.
24 President.
25 I'd like to ask the president,
Candyco Transcription Service, Inc.
(518) 371-8910
823
1 Chris Kimmich, and our 21-year-old Rhodes
2 Scholar, Eugene Shenderov, to please stand as
3 I introduce them to this body as some people,
4 some couple here that have achieved great
5 goals.
6 This is the Brooklyn College
7 president's second Rhodes Scholar out of
8 Brooklyn College over the past five years.
9 And I worked with him in the CUNY system when
10 he was the acting chancellor when we had the
11 changing times in New York City and we
12 increased the ability for a child and an adult
13 to get a good education at our colleges in
14 CUNY in New York City.
15 I've had the good fortune of
16 meeting Eugene several times. His ability to
17 be able to overcome tragedy and to come to
18 this country after surviving leukemia, and
19 working with his family here -- his two
20 siblings, his mom and his dad -- we are very,
21 very proud of him to go on and be a Rhodes
22 Scholar.
23 Our city of New York, our borough
24 of Brooklyn, Brooklyn College are very proud,
25 and the city and state of New York are very
Candyco Transcription Service, Inc.
(518) 371-8910
824
1 proud of what Brooklyn College has been able
2 to achieve, but more so what Eugene Shenderov
3 has been able to accomplish at the very young
4 age of 21 years of age.
5 Ladies and gentlemen, I introduce
6 you to this great accomplished Rhodes Scholar,
7 if you can join me.
8 (Standing ovation.)
9 SENATOR GOLDEN: Thank you, Mr.
10 President.
11 ACTING PRESIDENT MARCELLINO:
12 Thank you, Senator Golden.
13 The resolution was previously
14 adopted.
15 Senator Skelos.
16 SENATOR SKELOS: Mr. President,
17 there's another resolution at the desk that
18 was previously adopted, by Senator Fuschillo.
19 Now, this is a very special
20 resolution. And I ask that it be read at this
21 time, and then if you would recognize Senator
22 Fuschillo.
23 ACTING PRESIDENT MARCELLINO: The
24 Secretary will read the resolution.
25 THE SECRETARY: By Senator
Candyco Transcription Service, Inc.
(518) 371-8910
825
1 Fuschillo, Legislative Resolution Number 5995,
2 congratulating the Merrick/North Merrick
3 Little League 9-and-10-year-old Team upon the
4 occasion of capturing the 2004 New York State
5 9-and-10-year-old Baseball Championship.
6 "WHEREAS, Excellence and success in
7 competitive sports can be achieved only
8 through strenuous practice, team play and team
9 spirit, nurtured by dedicated coaching and
10 strategic planning; and
11 "WHEREAS, Athletic competition
12 enhances the moral and physical development of
13 the young people of this State, preparing them
14 for the future by instilling in them the value
15 of teamwork, encouraging a standard of healthy
16 living, imparting a desire for success, and
17 developing a sense of fair play and
18 competition; and
19 "WHEREAS, The Merrick/North Merrick
20 Little League 9-and-10-year-old Team are the
21 New York State 9-and-10-year-old Baseball
22 Champions. They defeated South Shore of State
23 Island in the Championship Game" --
24 ACTING PRESIDENT MARCELLINO: Can
25 we please have some silence in the chamber so
Candyco Transcription Service, Inc.
(518) 371-8910
826
1 we can hear the resolution. We have people in
2 the audience who are particularly concerned
3 about this. Thank you very much.
4 The Secretary will continue to
5 read.
6 THE SECRETARY: "And Whereas, The
7 Merrick/North Merrick Little League
8 9-and-10-year-old Team are the New York State
9 9-and-10-year-old Baseball Champions. They
10 defeated South Shore of Staten Island in the
11 Championship Game on August 10, 2004, in
12 Pittsford, New York; and
13 "WHEREAS, The athletic talent
14 displayed by this team is due in great part to
15 the efforts of Manager Jason Shulman and
16 Coaches Robert Ras and Michael Serota, skilled
17 and inspirational tutors respected for their
18 ability to develop potential into excellence;
19 and
20 "WHEREAS, The team's overall record
21 is outstanding, and the team members were
22 loyally and enthusiastically supported by
23 family, fans, friends and the community at
24 large; and
25 "WHEREAS, The hallmarks of the
Candyco Transcription Service, Inc.
(518) 371-8910
827
1 Merrick/North Merrick Little League
2 9-and-10-year-old Team, from the opening game
3 of the season to participation in the
4 championship, were a brotherhood of athletic
5 ability, of good sportsmanship and of honor,
6 demonstrating that these team players are
7 second to none; and
8 "WHEREAS, Manager Jason Shulman and
9 Coaches Robert Ras and Michael Serota have
10 done a superb job in guiding, molding and
11 inspiring the team members toward their goals;
12 and
13 "WHEREAS, Sports competition
14 instills the values of teamwork, pride and
15 accomplishment, and Manager Jason Shulman and
16 Coaches Robert Ras and Michael Serota and
17 their outstanding athletes have clearly made a
18 contribution to the spirit of excellence which
19 is a tradition of their community; now,
20 therefore, be it
21 "RESOLVED, That this Legislative
22 Body pause in its deliberations to honor the
23 Merrick/North Merrick Little League
24 9-and-10-year-old Team, its members -- Louis
25 Eiler, John Eyerman, Chad Fuschillo, Zachary
Candyco Transcription Service, Inc.
(518) 371-8910
828
1 Goldstein, Frankie Leavey, Jordan Leopold,
2 Alex Ras, Robert Rosen, Brandon Serota, Noah
3 Shulman, and Thomas Viverito -- Coaches Robert
4 Ras and Michael Serota, and Manager Jason
5 Shulman upon the occasion of capturing the
6 2004 New York State 9-and-10-year-old Baseball
7 Championship; and be it further
8 "RESOLVED, That copies of this
9 resolution, suitably engrossed, be transmitted
10 to the Merrick/North Merrick Little League
11 9-and-10-year-old Team, Coaches Robert Ras and
12 Michael Serota and Manager Jason Shulman."
13 ACTING PRESIDENT MARCELLINO: The
14 Chair recognizes Senator Fuschillo, even
15 though this team defeated a team from my
16 district en route to the championship.
17 Senator Fuschillo.
18 SENATOR FUSCHILLO: Thank you,
19 Mr. President. We defeated a lot of teams
20 from members in this house here.
21 To say that I am delighted to rise
22 and speak about this resolution is an
23 understatement. To get up on this esteemed
24 floor and talk about a team that became state
25 champs that had my son involved is truly an
Candyco Transcription Service, Inc.
(518) 371-8910
829
1 honor.
2 But this journey started back in
3 June and July, when the manager, Jason
4 Shulman, and the coaches wanted to pick 11
5 kids to compete in the Williamsport
6 9-to-10-year-old tournament just in their
7 district, District 31. They swept through
8 that undefeated. Then they went on to the
9 Long Island champs. They trounced Senator
10 Marcellino's teams in his district, and then
11 we won the Long Island champs.
12 And then Pittsford, New York, which
13 we never even heard of. And Senator Alesi's
14 district hosted the state championships. And
15 we went up there. Wappinger Falls was in the
16 tournament, Staten Island, Amherst. Tough
17 teams.
18 The first two games against
19 Wappinger Falls and Amherst, they mercy-ruled
20 them, which means if you have ten or more runs
21 and you're ahead after the fourth inning, the
22 game is over. So they were undefeated going
23 into the finals playing against Staten Island,
24 Senator.
25 (Laughter.)
Candyco Transcription Service, Inc.
(518) 371-8910
830
1 SENATOR FUSCHILLO: We were down
2 5-1. I think it's man on first and second.
3 Thomas Viverito gets up -- lefty, the
4 slugger -- cracks a double in the outfield, we
5 go up. Takes the lead. It's now 7-5. We won
6 the game, we came from behind.
7 But I have to tell you something.
8 Besides outscoring all the opponents in the
9 championships 30 to 7 runs, there was a life
10 lesson learned by these young kids. And it's
11 just not about winning, although the coach is
12 really happy that we won. What I saw was 11
13 kids that regardless of whether you struck
14 out, grounded out, hit a home run -- which
15 they were very happy about -- they all cheered
16 the kids on you and said, "Don't worry, you'll
17 do better," or "You did good." They stuck
18 together.
19 And in the end, when it was all
20 over, the seven-days-a-week practices, rain or
21 shine, where the manager had them in Baseball
22 Plus in Freeport if it was raining -- he had
23 them out there. You know, him and the other
24 coaches were so dedicated.
25 In the end, after it was all over,
Candyco Transcription Service, Inc.
(518) 371-8910
831
1 we hosted a luncheon for the kids to celebrate
2 this great victory. First time in 54 years in
3 the Merrick Little League that a team was in
4 this tournament and won it.
5 But the coach, the manager, Jason
6 Shulman, I think wrapped it all up when he
7 said: "While this is a great victory, and we
8 all wanted to win, all I wanted to do was play
9 ball with my kid." And I think that says it
10 all, Jason.
11 So I'm going to ask the boys to
12 stand up. And it's my great pleasure to
13 introduce you boys to this esteemed body.
14 Congratulations.
15 (Standing ovation.)
16 SENATOR FUSCHILLO: Thank you,
17 Mr. President.
18 ACTING PRESIDENT MARCELLINO:
19 Senator Skelos.
20 SENATOR SKELOS: Mr. President,
21 if I could just comment, on behalf of Senator
22 Bruno and the entire Majority and the
23 Minority, the members of the Senate, we'd like
24 to congratulate you.
25 Now, Chad, would you mind -- Chad
Candyco Transcription Service, Inc.
(518) 371-8910
832
1 Fuschillo, would you mind just standing up for
2 a moment?
3 I do that only so I can point out
4 our colleague's son. And you look at him, you
5 see a great athlete, you see a handsome young
6 man, you see a young man that does well in
7 school -- and he obviously takes after his
8 mother, Ellen, who is sitting right over
9 there.
10 (Laughter; applause.)
11 SENATOR SKELOS: Congratulations.
12 ACTING PRESIDENT MARCELLINO:
13 Senator Balboni.
14 SENATOR BALBONI: Mr. President,
15 I am thrilled to have this event occur right
16 now, for a couple of reasons.
17 First, any time anybody wins
18 something from a state perspective, it's such
19 a huge state, what an honor. What an
20 accomplishment.
21 Second, it's great to be sitting
22 here in the chamber and hear giggling. We
23 usually have some giggling here. But this is
24 where the giggling is supposed to come from,
25 the kids, who are so thrilled to be here.
Candyco Transcription Service, Inc.
(518) 371-8910
833
1 It's also great to finally see that
2 in the Fuschillo family a son has some
3 athletic ability. They're thrilled about
4 that.
5 (Boos; laughter.)
6 SENATOR BALBONI: But then, you
7 know, I am also very thrilled to see -- Chuck,
8 could you imagine what your dad would be
9 saying? Two Fuschillos in this chamber today.
10 Really great.
11 Congratulations, guys.
12 (Applause.)
13 ACTING PRESIDENT MARCELLINO:
14 Senator Bonacic.
15 SENATOR BONACIC: Good afternoon.
16 You may ask why a Senator from the
17 Hudson Valley and the Catskill area would get
18 up today and honor this prestigious baseball
19 team. Well, let me just share a couple of my
20 experiences and my knowledge of your team.
21 I hang out with Senator Fuschillo
22 up here in Albany. And I want to first of all
23 congratulate the manager, the two coaches, the
24 11 young men. As far as I'm concerned, you
25 were champions when you put that uniform on.
Candyco Transcription Service, Inc.
(518) 371-8910
834
1 But as a former manager and coach,
2 you get a certain thrill in working with the
3 youth. I can't tell you how we heard of every
4 game from this Senator -- not only me, but
5 other Senators -- more so than Yankee games
6 and professional baseball games. We heard
7 about the players, we heard about the scores,
8 we heard about the excitement.
9 And we were involved with your
10 baseball team, not knowing really any of the
11 players but knowing the good Senator from
12 Nassau County.
13 So I will close and say simply that
14 what you accomplished is priceless in terms of
15 your memories. You may go to high school and
16 college and never achieve the level of
17 excellence that you've achieved at the
18 9-and-10-year-old level. I hope you go on to
19 professional baseball and break all the
20 records.
21 But I say to you, cherish this
22 moment. Share it, when you're a dad, with
23 your children and when, you're a grandparent,
24 with your grandchildren.
25 Congratulations to all of you.
Candyco Transcription Service, Inc.
(518) 371-8910
835
1 (Applause.)
2 ACTING PRESIDENT MARCELLINO:
3 Senator Rath.
4 SENATOR RATH: Thank you,
5 Mr. Chairman.
6 Sincerest congratulations to the
7 team who beat one of the Amherst teams. I am
8 from Amherst. My son played on one of the
9 Amherst teams. Of course, not lately; it was
10 a long time ago.
11 But, you know, we do have those
12 little rivalries. We did not have a bet on
13 that particular game, but we'll have to
14 remember in the future, if there is an
15 opportunity, we'll let you guys help make
16 suggestions about what you might want. Some
17 Buffalo chicken wings are pretty well known.
18 And I would probably manage to get a lot of
19 them sent out so that they could be enjoyed.
20 But I'd like to thank not only the
21 team but the parents and coaches, having been
22 a Little League parent manning the hot dog
23 stand and getting the equipment cleaned up and
24 all the kinds of things that all the parents
25 do. Your dads and moms are proud of all of
Candyco Transcription Service, Inc.
(518) 371-8910
836
1 you, your coaches are proud of you. And we in
2 New York State are proud of you. Whether
3 you're from Amherst or from Long Island,
4 whoever the team is that wins the New York
5 State championship is number one, and we're
6 proud of you.
7 Congratulations.
8 (Applause.)
9 ACTING PRESIDENT MARCELLINO:
10 This resolution was also previously adopted.
11 Senator Skelos.
12 SENATOR SKELOS: Mr. President,
13 if we could go to the noncontroversial reading
14 of the calendar.
15 ACTING PRESIDENT MARCELLINO: The
16 Secretary will read the noncontroversial
17 calendar.
18 THE SECRETARY: Calendar Number
19 72, by Senator Little, Senate Print 730, an
20 act to amend the General Municipal Law, in
21 relation to the procurement.
22 ACTING PRESIDENT MARCELLINO:
23 Read the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
Candyco Transcription Service, Inc.
(518) 371-8910
837
1 ACTING PRESIDENT MARCELLINO:
2 Call the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MARCELLINO:
5 Senator Hassell-Thompson, to explain your
6 vote.
7 SENATOR HASSELL-THOMPSON: To
8 explain my vote.
9 In 2002, when this bill came before
10 the Senate chambers, I voted no. And I seem
11 to have been the only person at that time who
12 did so. And it seems that today I will
13 continue to be the only person that will vote
14 no.
15 I continue to be concerned that --
16 with the process of bidding. And too often
17 the opportunity for minorities and women to
18 get into the bid process is so tenuous that to
19 allow a continuance or a piggyback, as this
20 bill is called, I think would lend itself to
21 the inability for such contractors to get into
22 the process.
23 Therefore, I will continue to vote
24 no.
25 ACTING PRESIDENT MARCELLINO:
Candyco Transcription Service, Inc.
(518) 371-8910
838
1 Senator Hassell-Thompson will be recorded in
2 the negative.
3 Announce the results.
4 THE SECRETARY: Ayes, 59. Nays,
5 1. Senator Hassell-Thompson recorded in the
6 negative.
7 ACTING PRESIDENT MARCELLINO: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 87, by Senator Maziarz, Senate Print 2155, an
11 act to amend Chapter 135 of the Laws of 1998
12 amending the Workers' Compensation Law.
13 ACTING PRESIDENT MARCELLINO:
14 Last section, please.
15 THE SECRETARY: Section 4. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MARCELLINO:
18 Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 60.
21 ACTING PRESIDENT MARCELLINO: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 88, by Senator Maziarz, Senate Print 2173, an
25 act to amend Chapter 491 of the Laws of 1995
Candyco Transcription Service, Inc.
(518) 371-8910
839
1 amending the Workers' Compensation Law.
2 ACTING PRESIDENT MARCELLINO:
3 Read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MARCELLINO:
7 Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 60.
10 ACTING PRESIDENT MARCELLINO: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 101, by Senator Balboni, Senate Print 935, an
14 act to amend the Civil Rights Law, in relation
15 to confidentiality.
16 ACTING PRESIDENT MARCELLINO:
17 Read the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MARCELLINO:
21 Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 60.
24 ACTING PRESIDENT MARCELLINO: The
25 bill is passed.
Candyco Transcription Service, Inc.
(518) 371-8910
840
1 THE SECRETARY: Calendar Number
2 119, by Senator Little, Senate Print --
3 SENATOR SKELOS: Lay it aside for
4 the day, please.
5 ACTING PRESIDENT MARCELLINO: Lay
6 the bill aside for the day.
7 THE SECRETARY: Calendar Number
8 122, by Senator Robach, Senate Print 1920, an
9 act to amend the Civil Service Law and the
10 State Finance Law, in relation to reporting.
11 ACTING PRESIDENT MARCELLINO:
12 Read the last section.
13 THE SECRETARY: Section 6. This
14 act shall take effect on the 90th day.
15 ACTING PRESIDENT MARCELLINO:
16 Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 60.
19 ACTING PRESIDENT MARCELLINO: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 132, by Senator Libous, Senate Print 1818, an
23 act to amend the Mental Hygiene Law, in
24 relation to directing the State Commission on
25 Quality of Care.
Candyco Transcription Service, Inc.
(518) 371-8910
841
1 ACTING PRESIDENT MARCELLINO:
2 Read the last section.
3 THE SECRETARY: Section 4. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MARCELLINO:
6 Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 60.
9 ACTING PRESIDENT MARCELLINO: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 134, by Senator DeFrancisco, Senate Print 567,
13 an act to amend the Village Law, in relation
14 to village officers.
15 ACTING PRESIDENT MARCELLINO:
16 Read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MARCELLINO:
20 Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 60.
23 ACTING PRESIDENT MARCELLINO: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
Candyco Transcription Service, Inc.
(518) 371-8910
842
1 136, by Senator Little, Senate Print 724, an
2 act to amend the Town Law, in relation to
3 authorizing the designation.
4 ACTING PRESIDENT MARCELLINO:
5 Read the last section.
6 THE SECRETARY: Section 4. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MARCELLINO:
9 Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 60.
12 ACTING PRESIDENT MARCELLINO: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 139, by Senator LaValle, Senate Print 1353, an
16 act to amend the General Municipal Law, in
17 relation to allowing.
18 ACTING PRESIDENT MARCELLINO:
19 Read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MARCELLINO:
23 Call the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 60.
Candyco Transcription Service, Inc.
(518) 371-8910
843
1 ACTING PRESIDENT MARCELLINO: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 141, by Senator LaValle, Senate Print 1391, an
5 act to amend the Town Law, in relation to
6 permitting fire districts.
7 ACTING PRESIDENT MARCELLINO:
8 Read the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MARCELLINO:
12 Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 60.
15 ACTING PRESIDENT MARCELLINO: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 144, by Senator Marcellino, Senate Print 679,
19 an act to amend the Navigation Law, in
20 relation to providing an exemption.
21 ACTING PRESIDENT MARCELLINO:
22 Read the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MARCELLINO:
Candyco Transcription Service, Inc.
(518) 371-8910
844
1 Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 60.
4 ACTING PRESIDENT MARCELLINO: The
5 bill is passed.
6 THE SECRETARY: In relation to
7 Calendar Number 197, Senator Johnson moves to
8 discharge, from the Committee on Finance,
9 Assembly Bill Number 552 and substitute it for
10 the identical Senate Bill Number 552, Third
11 Reading Calendar 197.
12 ACTING PRESIDENT MARCELLINO: The
13 substitution is ordered.
14 The Secretary will read.
15 THE SECRETARY: Calendar Number
16 197, Assembly Budget Bill, Assembly Print
17 Number 552, an act making appropriations for
18 the legal requirements of the state debt
19 service.
20 ACTING PRESIDENT MARCELLINO:
21 Read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MARCELLINO:
25 Call the roll.
Candyco Transcription Service, Inc.
(518) 371-8910
845
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 60.
3 ACTING PRESIDENT MARCELLINO: The
4 bill is passed.
5 Senator Skelos, that completes the
6 noncontroversial reading of the calendar.
7 SENATOR SKELOS: Is there any
8 further business to come before the Senate?
9 ACTING PRESIDENT MARCELLINO: The
10 house is clean.
11 SENATOR SKELOS: There being no
12 further business to come before the Senate, I
13 move we stand adjourned until Wednesday,
14 March 9th, at 11:00 a.m.
15 ACTING PRESIDENT MARCELLINO: On
16 motion, the Senate stands adjourned until
17 Wednesday, March 9th, at 11:00 a.m.
18 (Whereupon, at 3:48 p.m., the
19 Senate adjourned.)
20
21
22
23
24
25
Candyco Transcription Service, Inc.
(518) 371-8910