Regular Session - March 22, 2005
1374
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 22, 2005
11 3:04 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR MARY O. DONOHUE, President
19 STEVEN M. BOGGESS, Secretary
20
21
22
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25
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1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 please come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 THE PRESIDENT: With us this
10 afternoon to give the invocation is the
11 Reverend Andrew J. Zack, pastor of Love Joy
12 Gospel Church in Lancaster, New York.
13 REVEREND ZACK: Thank you for the
14 privilege of being with you. Would you bow
15 with me.
16 Father, we are thankful for the
17 many blessings that we enjoy at Your hand.
18 And, Lord, I thank You for all that
19 is available to us, wisdom and power and
20 strength. I thank You for each member of this
21 Senate that serves you the way that they do.
22 I pray for great wisdom and unity and blessing
23 to be here in this room today.
24 In the name of Jesus, amen.
25 THE PRESIDENT: Reading of the
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1 Journal.
2 THE SECRETARY: In Senate,
3 Monday, March 21, the Senate met pursuant to
4 adjournment. The Journal of Sunday, March 20,
5 was read and approved. On motion, Senate
6 adjourned.
7 THE PRESIDENT: Without
8 objection, the Journal stands approved as
9 read.
10 Presentation of petitions.
11 Messages from the Assembly.
12 Messages from the Governor.
13 Reports of standing committees.
14 The Secretary will read.
15 SENATOR SKELOS: Madam President.
16 THE PRESIDENT: Senator Skelos.
17 SENATOR SKELOS: If we can
18 temporarily lay aside the report of the
19 Judiciary Committee and continue.
20 THE PRESIDENT: Motions and
21 resolutions.
22 Senator Farley.
23 SENATOR FARLEY: Thank you, Madam
24 President.
25 On behalf of Senator Nozzolio, I
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1 move that the following bill be discharged
2 from its respective committee and be
3 recommitted with instructions to strike the
4 enacting clause. That's Senate Number 2506.
5 THE PRESIDENT: So ordered,
6 Senator Farley.
7 Senator Skelos.
8 SENATOR SKELOS: Madam President,
9 I move that we adopt the Resolution Calendar,
10 with the exception of Resolutions 877 and 995.
11 THE PRESIDENT: All in favor of
12 so adopting the Resolution Calendar, with the
13 exceptions of Resolutions 877 and 995, please
14 signify by saying aye.
15 (Response of "Aye.")
16 THE PRESIDENT: Opposed, nay.
17 (No response.)
18 THE PRESIDENT: The Resolution
19 Calendar is so adopted.
20 Senator Skelos.
21 SENATOR SKELOS: Madam President,
22 at this time, Resolution 877, by Senator Rath,
23 could we have the title read and move for its
24 immediate adoption.
25 THE PRESIDENT: The Secretary
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1 will read.
2 THE SECRETARY: By Senator Rath,
3 Legislative Resolution Number 877,
4 commemorating the 75th Anniversary of Cub
5 Scouts.
6 THE PRESIDENT: Senator Rath.
7 SENATOR RATH: Madam President,
8 I'd like to open this resolution up for
9 sponsorship by the entire membership.
10 THE PRESIDENT: Any member who
11 does not wish to be a cosponsor of this
12 resolution, please notify the desk.
13 On the resolution, all those in
14 favor please signify by saying aye.
15 (Response of "Aye.")
16 THE PRESIDENT: Opposed, nay.
17 (No response.)
18 THE PRESIDENT: The resolution is
19 adopted.
20 Senator Skelos.
21 SENATOR SKELOS: Madam President,
22 there's a Resolution 995 at the desk, by
23 Senator Spano. Could we have the title read
24 and move for its immediate adoption.
25 THE PRESIDENT: The Secretary
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1 will read.
2 THE SECRETARY: By Senator Spano,
3 Legislative Resolution Number 995,
4 memorializing Governor George E. Pataki to
5 proclaim March 22, 2005, as Diabetes Alert Day
6 in the State of New York.
7 THE PRESIDENT: All in favor
8 please signify by saying aye.
9 (Response of "Aye.")
10 THE PRESIDENT: Opposed, nay.
11 (No response.)
12 THE PRESIDENT: The resolution is
13 adopted.
14 Senator Skelos.
15 SENATOR SKELOS: Madam President,
16 Senator Spano would like to open the
17 resolution up for cosponsorship. If anybody
18 wishes not to cosponsor it, they should notify
19 the desk.
20 THE PRESIDENT: Any member who
21 does not wish to be a cosponsor of the
22 previous resolution, please notify the desk.
23 Senator Skelos.
24 SENATOR SKELOS: I have a
25 Resolution 1014 at the desk. Can we have the
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1 title read and move for its immediate
2 adoption.
3 THE PRESIDENT: The Secretary
4 will read.
5 THE SECRETARY: By Senator
6 Skelos, Legislative Resolution Number 1014,
7 memorializing Governor George E. Pataki to
8 proclaim March 25, 2005, as Greek Independence
9 Day in New York State, and honoring the
10 Federation of Hellenic-American Societies of
11 Greater New York.
12 THE PRESIDENT: Senator Skelos.
13 SENATOR SKELOS: Madam President,
14 I'd like to put every member on the
15 resolution. If they wish not to sponsor the
16 resolution, they should notify the desk.
17 THE PRESIDENT: Any member who
18 does not wish to sponsor this pending
19 resolution, please notify the desk.
20 On the resolution, all in favor
21 please signify by saying aye.
22 (Response of "Aye.")
23 THE PRESIDENT: Opposed, nay.
24 (No response.)
25 THE PRESIDENT: The resolution is
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1 adopted.
2 Senator Skelos.
3 SENATOR SKELOS: Madam President,
4 if we could now go to the reading of the
5 Judiciary Committee report.
6 THE PRESIDENT: The Secretary
7 will read.
8 THE SECRETARY: Senator
9 DeFrancisco, from the Committee on Judiciary,
10 reports the following nominations.
11 As a judge of the Court of Claims,
12 Jill Konviser-Levine, of New York City.
13 THE PRESIDENT: Senator
14 DeFrancisco.
15 SENATOR DeFRANCISCO: Thank you,
16 Madam President.
17 I rise to move the nomination of
18 Jill Konviser-Levine to the Court of Claims.
19 Her record was reviewed carefully by my staff.
20 She appeared before the Judiciary Committee
21 and was unanimously approved for
22 recommendation to the full body to confirm the
23 nomination.
24 And I would move her nomination to
25 the Court of Claims.
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1 THE PRESIDENT: Senator Volker.
2 SENATOR VOLKER: Madam President,
3 Jill Konviser-Levine is someone who I have
4 known for many years, one of the brightest
5 young people that I have known in the criminal
6 justice area. She has a background going back
7 many years to New York City, and of course
8 represented the Governor in many, many
9 negotiations over the years that I had some
10 part in.
11 And I used to call her a very quick
12 study. The problem is she was a much quicker
13 study than I was, so that some of these issues
14 that came across our desk very quickly, she
15 was always much more on top of it than I was.
16 So I just want to say that she is
17 one of the brighter people that I have ever
18 known, and she'll be a great judge. And as
19 the Governor knows very well, this is an
20 excellent nomination to the Court of Claims.
21 THE PRESIDENT: Senator Balboni.
22 SENATOR BALBONI: Madam
23 President, so oftentimes we have the people
24 who are behind the scenes in this legislative
25 dance, and they are truly the ones who move
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1 issues forward.
2 And Jill Konviser, for years as the
3 counsel to the Governor on criminal justice
4 issues, would be one of those faceless,
5 nameless people who would work day in and day
6 out, through the night, time and time again to
7 try to bring the parties together and advocate
8 the position of the Governor, but at the same
9 time come to a result.
10 And I had the privilege of working
11 with Jill when we were doing the "Weapons of
12 Mass Destruction" bill. And as many of you
13 may or may not know, that was a very
14 contentious issue. And what impressed me so
15 much was that along with Joe Messina and Jill
16 Konviser, we'd sit and negotiate for hours and
17 talk about the most minute details of this
18 proposal, and Jill would know about it. And
19 the information would change, and Jill would
20 know about it.
21 And she never lost her temper, she
22 always had the eye on the ball. And frankly,
23 in my practice, I've always wanted that in a
24 judge. I've always wanted somebody who could
25 have passion for the issue and for the facts,
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1 but never lose perspective or their temper.
2 And I think that she's got the
3 perfect temperament to be a justice, and she's
4 going to be a great addition to the bench.
5 I'm just sorry I haven't gotten the chance to
6 do any more negotiations with her.
7 Thank you very much, Madam
8 President.
9 THE PRESIDENT: Senator
10 DeFrancisco.
11 SENATOR DeFRANCISCO: Yes, I just
12 wanted to add that, along the same lines that
13 Senator Balboni just mentioned, I remember
14 when Jill Konviser was with the Governor's
15 office and she traveled to my office in
16 Syracuse, with the Governor, to meet the
17 Grieshaber family to start the discussions
18 that led to a very significant piece of
19 legislation that I know she helped to craft,
20 Jenna's Law. A very significant piece of
21 legislation. She was there from the ground
22 floor.
23 What I didn't know was when she
24 came, she had only been with the Governor for
25 a very, very short time. She told me that
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1 today. Which kind of surprised me, because
2 she seemed to have a command of the issue.
3 So this is an excellent candidate,
4 an excellent nomination by the Governor, and
5 she's going to make a fantastic judge.
6 THE PRESIDENT: The question is
7 on the nomination.
8 Senator Stavisky, first.
9 SENATOR STAVISKY: Very briefly,
10 Madam President.
11 I have only heard the best things
12 about the nominee from one of my neighbors
13 whose judgment I respect immeasurably, and I'm
14 delighted to support this nomination.
15 Thank you.
16 THE PRESIDENT: The question is
17 on the nomination of Jill Konviser-Levine of
18 New York City as a judge of the Court of
19 Claims. All in favor please signify by saying
20 aye.
21 (Response of "Aye.")
22 THE PRESIDENT: Opposed, nay.
23 (No response.)
24 THE PRESIDENT: The nominee is
25 hereby confirmed.
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1 Congratulations and best wishes.
2 (Standing ovation.)
3 THE PRESIDENT: Judge
4 Konviser-Levine is accompanied by her husband,
5 William; her daughter, Sonya; her father,
6 Verb; her sister, Estelle, and friends.
7 Best wishes for a great celebration
8 and continued success, as we're confident you
9 will have, Judge.
10 The Secretary will read.
11 THE SECRETARY: As a judge of the
12 Court of Claims, Jeremiah J. Moriarty III, of
13 Franklinville.
14 THE PRESIDENT: Senator
15 DeFrancisco.
16 SENATOR DeFRANCISCO: I rise to
17 move the nomination of Jeremiah J. Moriarty
18 III for the position of judge of the Court of
19 Claims.
20 We've reviewed in our office,
21 through my staff, his qualifications. We had
22 a hearing this morning in the Judiciary
23 Committee, and this candidate was also
24 unanimously recommended to the full body for
25 confirmation as a judge of the Court of
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1 Claims.
2 Probably the most important
3 advocate for Judge Moriarty unfortunately
4 cannot be here today, Senator McGee, in view
5 of an illness. She sent a letter that she
6 asked that I read in lieu of a seconding
7 speech on her behalf.
8 "I regret that I am unable to be in
9 the Senate chamber today to second the
10 nomination of a man that I have known for many
11 years as a friend, colleague and neighbor. As
12 the representative for Southwestern New York,
13 I am proud to give my support to Jeremiah J.
14 Moriarty III, of Franklinville, for his
15 nomination as a judge of the Court of Claims.
16 "Whether through government or
17 charitable activity, Jerry Moriarty has
18 touched the lives of hundreds of residents in
19 the Cattaraugus community. Through his
20 visionary leadership and deft understanding of
21 the law, for more than 30 years Jerry Moriarty
22 has dedicated his life to public service,
23 holding various positions at all levels of
24 government, including Cattaraugus County
25 legislator and City of Salamanca attorney.
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1 "Personally, I know him to be a
2 gifted man of intellect with a fierce devotion
3 to the law and a passionate heart for the
4 community. I know that New York State will be
5 well served with Jeremiah Moriarty on the
6 bench of the Court of Claims.
7 "For this reason, I am pleased and
8 proud to support the nomination of Jeremiah J.
9 Moriarty III, of Franklinville, as judge of
10 the Court of Claims."
11 And reviewing his record, these
12 remarks by Senator McGee are right on point.
13 And I'm proud to move his nomination.
14 THE PRESIDENT: Senator Volker.
15 SENATOR VOLKER: Madam President,
16 I hope my colleagues will excuse me. I know
17 all four of these judges here quite well,
18 especially Judge Moriarty.
19 Jerry Moriarty, I've known him
20 since before, actually, we were in law school
21 together. His father and my father served
22 together in the Legislature. His father was
23 one of the most distinguished gentlemen and
24 legislators I've ever met. And Jerry himself,
25 as I say, we were in law school together,
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1 although he's a little younger than I am, and
2 I practiced law with him.
3 I can only say that he's a
4 gentleman. He's a wonderful example to the
5 community. And I have to tell you one story.
6 He's the only county chairman I know of who,
7 several years ago, was able to elect a person
8 who died nine days before the election.
9 (Laughter.)
10 SENATOR VOLKER: So
11 congratulations, Jerry.
12 THE PRESIDENT: Senator Rath.
13 SENATOR RATH: Madam President, I
14 would like to echo Senator Volker's remarks.
15 But I'd particularly like to respond and echo
16 Senator McGee's remarks. I know how badly she
17 feels, first of all, not being here, because
18 of illness, but particularly today, because it
19 has long been a dream of hers to be able to
20 see Judge Moriarty ascend to the Court of
21 Claims.
22 Those of us in Western New York all
23 seem to know each other in Western New York,
24 and the bench and the bar have had high regard
25 for Judge Moriarty for a long, long time. He
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1 will be a true addition to the Court of
2 Claims, and I'm happy to stand up and speak on
3 his behalf.
4 THE PRESIDENT: The question now
5 is on the nomination of Jeremiah J. Moriarty
6 III, of Franklinville, as a judge of the Court
7 of Claims. All in favor please signify by
8 saying aye.
9 (Response of "Aye.")
10 THE PRESIDENT: Opposed, nay.
11 (No response.)
12 THE PRESIDENT: The nominee is
13 hereby confirmed.
14 Congratulations, Judge Moriarty.
15 (Standing ovation.)
16 THE PRESIDENT: I'd like to also
17 add my personal satisfaction that Judge
18 Moriarty has been nominated. I've known him
19 as a person of intellect, a fine lawyer, and a
20 gentleman.
21 Best wishes for continued success,
22 Judge.
23 Judge Moriarty is accompanied by
24 his fiancee, Toni Litzinger; his daughter and
25 son-in-law, Thomas and Kathleen Cristy and
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1 children; his son and daughter-in-law John and
2 Patricia Moriarty and children -- this is
3 definitely a family affair -- his son Andrew
4 Moriarty -- there's more -- his sister Mary
5 Ellen Moriarty and nephew Nicholas Butterini;
6 his brother and sister-in-law Daniel and
7 Marylu Moriarty; his sisters-in-law Marianne
8 Laine and Cindy Abbott-Letro; and his friends
9 Dr. David and Susan Szczerbacki and Robert
10 Sobeck.
11 Have a great celebration.
12 The Secretary will read.
13 THE SECRETARY: As a judge of the
14 Court of Claims, Melvin L. Schweitzer, of
15 New York City.
16 THE PRESIDENT: Senator
17 DeFrancisco.
18 SENATOR DeFRANCISCO: Madam
19 President, I again rise to move the nomination
20 of another fine candidate nominated by the
21 Governor, Melvin L. Schweitzer, of New York
22 City, as a judge of the Court of Claims.
23 He also -- his qualifications were
24 reviewed carefully by our office. He appeared
25 before the Senate Judiciary Committee today
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1 and also was unanimously recommended to this
2 full body for confirmation.
3 He also has the strong
4 recommendation of Senator Roy Goodman, a true
5 legend in these chambers, who made a personal
6 call to make certain that we did the right
7 thing today.
8 So I'm proud to move the nomination
9 of Melvin L. Schweitzer.
10 THE PRESIDENT: Senator Maltese.
11 SENATOR MALTESE: Madam
12 President, I rise to second the nomination of
13 Melvin L. Schweitzer and to commend the
14 Governor on a fine appointment.
15 Melvin Schweitzer is also a
16 graduate of Fordham Law School, joining the
17 illustrious alumni of Fordham Law School on
18 the bench in the Court of Claims.
19 Certainly his experience in
20 government, economic development, government
21 securities, public securities will stand him
22 in good stead.
23 He was affiliated with one of the
24 most distinguished firms in the country,
25 certainly, if not in the world, Rogers &
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1 Wells, which was founded by former Secretary
2 of State Bill Rogers, who served under
3 President Nixon. It was also a firm my
4 long-time colleague Kierno Daugherty [ph] was
5 associated with.
6 He has served for many years as a
7 commissioner of the Port Authority and is a
8 distinguished author and writer of many
9 publications.
10 I again commend the Governor on
11 this fine choice and second the nomination.
12 THE PRESIDENT: The question is
13 on the nomination of Melvin L. Schweitzer, of
14 New York City, as a judge of the Court of
15 Claims. All in favor please signify by saying
16 aye.
17 (Response of "Aye.")
18 THE PRESIDENT: Opposed, nay.
19 (No response.)
20 THE PRESIDENT: The nominee is
21 hereby confirmed.
22 Congratulations, Judge Schweitzer.
23 (Standing ovation.)
24 THE PRESIDENT: Judge Schweitzer
25 is accompanied today by his family and
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1 friends, including Maxine Schweitzer, Corinne
2 Timor and Mitchell Friedman.
3 Have a great celebration, and good
4 luck.
5 The Secretary will continue to
6 read.
7 THE SECRETARY: As justice of the
8 Supreme Court of the Seventh Judicial
9 District, Matthew A. Rosenbaum, of Rochester.
10 THE PRESIDENT: Senator
11 DeFrancisco.
12 SENATOR DeFRANCISCO: I rise to
13 move the nomination of Matthew A. Rosenbaum
14 for the position of justice of the Supreme
15 Court of the Seventh Judicial District.
16 His qualifications were also
17 reviewed. He appeared and was unanimously
18 recommended to this full body for
19 confirmation. I proudly move the nomination
20 of Mr. Rosenbaum.
21 Would you please recognize Senator
22 Alesi to second.
23 THE PRESIDENT: Senator Alesi.
24 SENATOR ALESI: Thank you, Madam
25 President.
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1 This is quite an honor to welcome
2 not only a dear friend but, from the
3 appearance of it, the entire town of Penfield,
4 New York, as well.
5 (Laughter.)
6 SENATOR ALESI: There's an old
7 saying that the apple doesn't fall too far
8 from the tree. As I look up into the gallery
9 there, I see, just behind the nominee,
10 somebody else that we might all recognize.
11 Sitting next to his lovely wife, Judith, is
12 former Justice Richard Rosenbaum and a former
13 chairman of the Republican State Committee.
14 And when I think about his legacy
15 and all of the things he has done for our
16 community back in the Rochester area and in
17 the entire state of New York, I think about
18 the legacy that is about to become with his
19 son, Matthew, who is our nominee.
20 He is eminently well qualified to
21 build his own legacy, but it is true that many
22 of the things he will bring to the bench he
23 will bring as something that he was given as a
24 question of heritage, not the least of which
25 is his superb intellect.
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1 In fact, Matthew and his father
2 both attended the same college, although they
3 went to different law schools. And I am sure
4 that they both will apply -- or Matthew will
5 at least display the same superb intellect
6 that his father did. And he'll develop his
7 own strength of character. And I know that
8 firsthand from dealing with him.
9 He is a solid person and an
10 upstanding member of our community. I think
11 that the values that he will bring to the
12 bench will be values that are a matter of
13 learning the law but also understanding that
14 when you apply the law, whether it is to a
15 person or to a business, that justice deserves
16 to be served with objectivity, but not in an
17 impersonal way. And knowing Matt, I know that
18 that is the kind of balance that he will bring
19 to the bench.
20 Matthew Rosenbaum is, as I said, an
21 upstanding member of our community. He was a
22 partner in Gray Feldman & Rosenbaum, but he's
23 also served the community in other ways --
24 volunteer legal services, as a hearing officer
25 for the Department of Health, the Higher
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1 Educational Services Corp. He's also on the
2 board as a trustee of the Hillel School and
3 the Jewish Community Center. He's also been
4 recognized in our community as one of the
5 people most likely to succeed by the Rochester
6 Business Journal, honored as one of the
7 40-and-under people that were recognized this
8 year.
9 But having said all of these things
10 that come from a resume, I'd simply like to
11 speak from my heart, recognizing Matthew and
12 once again recognizing his family and the
13 values that emanate from being a part of that
14 family, a part of the community that I
15 recognized earlier in the town of Penfield in
16 the county of Monroe.
17 I don't think that the people in
18 this state could be better served when it
19 comes to choosing a Supreme Court justice than
20 they will be with Matthew Rosenbaum and as
21 they were at one time with Richard Rosenbaum.
22 It is true that the apple didn't
23 fall too far from the tree, and that a great
24 legacy will be built upon and renewed and
25 fashioned in its own way with Matthew
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1 Rosenbaum as a Supreme Court justice.
2 THE PRESIDENT: Senator Robach.
3 SENATOR ROBACH: Yes, Madam
4 President. If I could just take a moment,
5 this is a very happy day for all of us in the
6 Rochester area.
7 My colleague, Senator Alesi, did a
8 great job in highlighting all the
9 accomplishments legally of Matt Rosenbaum, his
10 keen legal mind. But I guess the part I would
11 like to add to, also, Mr. Rosenbaum is not
12 only someone who has added greatly to the
13 legal qualities in Rochester, but he's really
14 been a community person, someone who's
15 involved in his faith community, in activities
16 for young people, and someone who's really a
17 decent person, has a strong sense of fair
18 play, intelligent.
19 The best compliment I can say is
20 not only do I think he's qualified to be a
21 judge, I'd like him for a neighbor. He's a
22 good, decent human being, and I think that's
23 the kind of people we should have on the
24 bench.
25 He comes from a history, a legacy
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1 of great community service, and I know will
2 add to it greatly as a Supreme Court justice
3 and serve the people of not only Rochester and
4 Monroe County but all of New York State in an
5 exemplary fashion.
6 Congratulations. I'm happy to
7 second this nomination.
8 THE PRESIDENT: Senator Nozzolio.
9 SENATOR NOZZOLIO: Thank you,
10 Madam President. On the nomination.
11 Madam President and my colleagues,
12 I rise with great happiness in support of this
13 excellent nomination to serve as a justice of
14 New York State Supreme Court.
15 The Seventh Judicial District is a
16 broad, sprawling region that is larger than
17 many states, so Judge Rosenbaum will have many
18 challenges ahead in serving the people of this
19 state and the people of this district.
20 But I am very confident that, as
21 Senator Alesi and Senator Robach so eloquently
22 stated, Matt Rosenbaum is up to the task. He
23 is a fine man, he is a wonderful lawyer, he
24 will serve as an excellent member of the
25 judiciary.
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1 I could not sit down, though, by
2 indicating that the apple doesn't fall far
3 from the tree. That his father, Richard
4 Rosenbaum, served with great distinction in
5 this same capacity as a member of the New York
6 Supreme Court.
7 That I think Matt is a much better
8 boxer than his father, although his father was
9 an excellent boxer in his day. And that
10 certainly those people who were KO'd in his
11 home school of Hobart and William Smith
12 certainly remember those punches.
13 I am pleased, though, that this new
14 generation of Rosenbaums are going to be
15 serving in the judiciary. I know they will
16 carry on this proud legacy.
17 I'm proud to stand here and second
18 the nomination of Matt Rosenbaum to serve in
19 the New York State Supreme Court.
20 Thank you, Madam President.
21 THE PRESIDENT: Senator Volker.
22 SENATOR VOLKER: Madam President,
23 I would be neglectful if I didn't say
24 something about Matthew Rosenbaum, although
25 obviously I knew his father much better. Dick
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1 Rosenbaum was a close friend of my father's,
2 and I knew him for many, many years. And I
3 knew Matt, however, when he was a lot younger.
4 But his record is clear, and I
5 commend the Governor. It is interesting that
6 the talk about the family falling from the
7 tree is so true. And in fact, the previous
8 judge who was confirmed, Judge Schweitzer, was
9 a friend of my father's also.
10 This was a day in which I knew
11 every judge who was here. And I'm very proud
12 of that because I want to tell you something,
13 and we just talked about it, that this
14 probably is one of the best group of judges
15 from the standpoint of intelligence and
16 ability that we have had. And I've been on
17 the Judiciary Committee I can't remember how
18 long -- about 25 years, I guess.
19 And if there's ever a time that the
20 Governor should be commended -- but more than
21 that, we commend the individuals who are here,
22 their families.
23 And, Matthew, good luck to you.
24 And I can assure you that I know you will
25 continue one of the most distinguished names
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1 in all of New York culture, and that's
2 Rosenbaum.
3 Congratulations.
4 THE PRESIDENT: The question is
5 on the nomination of Matthew A. Rosenbaum, of
6 Rochester, as justice of the Supreme Court of
7 the Seventh Judicial District.
8 All in favor please signify by
9 saying aye.
10 (Response of "Aye.")
11 THE PRESIDENT: Opposed, nay.
12 (No response.)
13 THE PRESIDENT: The nominee is
14 hereby confirmed.
15 Congratulations and best wishes for
16 what we know will be excellence.
17 (Standing ovation.)
18 THE PRESIDENT: Judge Rosenbaum
19 is accompanied by his wife, Hope; his
20 children, Jacob, Madeline, and Lily; his
21 mother and father, Richard and Judith
22 Rosenbaum; his in-laws, William and Adrienne
23 Rockwood, and many other, as we see, family
24 and friends.
25 Have a wonderful celebration.
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1 Senator Skelos.
2 SENATOR SKELOS: Madam President,
3 would you please recognize Senator Little.
4 THE PRESIDENT: Senator Little.
5 SENATOR LITTLE: Thank you.
6 We have a resolution before us,
7 Number 917, commemorating the 60th anniversary
8 of the United States Marines raising the flag
9 on Mount Surabaci on the Island of Iwo Jima,
10 by Senator Larkin. And Senator Larkin asked
11 me if I would speak on this resolution.
12 It's a tremendous privilege to be
13 able to speak on this very special resolution.
14 The battle for Iwo Jima 60 years ago may best
15 be known for the raising of the flag on top of
16 Mount Surabaci. It is the kind of thing that
17 the military did through the years as they
18 conquered or accomplished a mission, was to
19 raise the American flag.
20 News photographer Joe Rosenthal's
21 Pulitzer Prize-winning photograph of the flag
22 raising is a permanent reminder of all of the
23 valor, courage and sacrifice that has defined
24 one of our nation's most heroic battles. The
25 flag raising the photograph depicted was a
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1 moving moment in our nation's history -- but
2 for the U.S. Marines, victory on Iwo Jima was
3 still many weeks away, and the cost of that
4 victory was far greater than anyone could have
5 imagined.
6 Literally inching their way across
7 the island, daily gains were measured in
8 yards. The Marines were able to secure Iwo,
9 an island one-third the size of Manhattan,
10 after 36 days of brutal combat. Its two
11 available airstrips were vital for the
12 long-range bombing missions over mainland
13 Japan. The success of the Allied forces in
14 the Pacific could not be assured otherwise.
15 And by war's end, 2400 B-29 bombers carrying
16 27,000 crewmen had made emergency landings on
17 Iwo Jima.
18 This is a photo that is in all of
19 our minds and something that makes all of us
20 feel very emotional and proud to know what
21 some of our military have accomplished and the
22 pride with which they raise the American flag
23 of this country.
24 Thank you.
25 THE PRESIDENT: Thank you,
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1 Senator Little.
2 This resolution was previously
3 adopted today.
4 Senator Skelos.
5 SENATOR SKELOS: Madam President,
6 if we could go to the noncontroversial reading
7 of the calendar.
8 THE PRESIDENT: The Secretary
9 will read.
10 THE SECRETARY: Calendar Number
11 166, by Senator Balboni, Senate Print 180, an
12 act to amend the Penal Law, in relation to
13 nuclear powered electric generating
14 facilities.
15 ACTING PRESIDENT WINNER: Read
16 the last section.
17 THE SECRETARY: Section 6. This
18 act shall take effect immediately.
19 ACTING PRESIDENT WINNER: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 60.
23 ACTING PRESIDENT WINNER: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 167, by Senator Balboni, Senate Print --
2 SENATOR SKELOS: Lay it aside for
3 the day.
4 ACTING PRESIDENT WINNER: The
5 bill is laid aside for the day.
6 THE SECRETARY: Calendar Number
7 168, by Senator Balboni, Senate Print 184, an
8 act to amend the Executive Law, in relation to
9 requiring.
10 ACTING PRESIDENT WINNER: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT WINNER: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 60.
18 ACTING PRESIDENT WINNER: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 184, by Senator Maziarz, Senate Print 2603, an
22 act to amend the Workers' Compensation Law, in
23 relation to the definition of employer.
24 ACTING PRESIDENT WINNER: Read
25 the last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT WINNER: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 60.
7 ACTING PRESIDENT WINNER: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 194, by Senator LaValle, Senate Print 1148, an
11 act to amend the Education Law, in relation to
12 the unlawful sale of dissertations, theses and
13 term papers.
14 ACTING PRESIDENT WINNER: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT WINNER: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 60.
22 ACTING PRESIDENT WINNER: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 205, by Senator Saland, Senate Print 466, an
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1 act to amend the Penal Law, in relation to
2 establishing.
3 ACTING PRESIDENT WINNER: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the first of
7 November.
8 ACTING PRESIDENT WINNER: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Those recorded in
12 the negative on Calendar Number 205 are
13 Senators DeFrancisco and Montgomery.
14 Ayes, 58. Nays, 2.
15 ACTING PRESIDENT WINNER: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 209, by Senator Padavan, Senate Print 545, an
19 act to amend the Penal Law, in relation to
20 making citizenship document fraud.
21 ACTING PRESIDENT WINNER: Read
22 the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the first of
25 November.
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1 ACTING PRESIDENT WINNER: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Those recorded in
5 the negative on Calendar Number 209 are
6 Senators Duane and Gonzalez.
7 Ayes, 58. Nays, 2.
8 ACTING PRESIDENT WINNER: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 210, by Senator Marcellino, Senate Print 663,
12 an act to amend the Penal Law, in relation to
13 including the theft of dogs and cats.
14 ACTING PRESIDENT WINNER: Read
15 the last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect on the first of
18 November.
19 ACTING PRESIDENT WINNER: Call
20 the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT WINNER: Senator
23 Montgomery, to explain her vote.
24 SENATOR MONTGOMERY: Yes, Mr.
25 President, to explain my vote.
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1 I know that this bill has been on
2 the calendar in prior years, and I have
3 actually voted for the bill. But I'm going to
4 vote no today.
5 I'm changing my vote because I have
6 had the occasion, in the last couple of years
7 especially, to find so many people who have a
8 felony conviction on their records. And it
9 prevents them from doing a lot of things to
10 just make a living, and especially getting a
11 job and getting certain kinds of assistance
12 for higher education and so forth and so on.
13 So I'm going to change my vote,
14 because I don't think that we need to charge a
15 person with an E felony for theft of dogs and
16 cats. I certainly think that we should do
17 something, and in fact there already is in law
18 that that is a misdemeanor. And I think that
19 that is correct, that they should be charged
20 at least with a misdemeanor, but certainly not
21 with a felony.
22 So I'm going to change my vote
23 today. I'm voting no.
24 ACTING PRESIDENT WINNER: Senator
25 Montgomery in the negative.
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1 Senator Marcellino.
2 SENATOR MARCELLINO: Yeah, to
3 explain my vote.
4 I can't believe what I just heard,
5 that we are going to vote no on a bill to give
6 penalties to people who commit a crime because
7 if they commit a crime they won't be able to
8 do something later on in life.
9 You commit a crime, you hurt
10 somebody. People love their pets. Their pets
11 are part of their families -- in some cases,
12 in many cases, more important than some
13 members of the family.
14 But to say I'm going to vote
15 against a bill because the perpetrator of this
16 heinous crime will be punished for it, I think
17 that's just incredulous.
18 I vote aye.
19 ACTING PRESIDENT WINNER: Senator
20 Marcellino will be recorded in the
21 affirmative.
22 Announce the results.
23 THE SECRETARY: Those recorded in
24 the negative on Calendar Number 210 are
25 Senators Hassell-Thompson and Montgomery.
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1 Ayes, 59. Nays, 2.
2 ACTING PRESIDENT WINNER: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 213, by Senator Golden, Senate Print 1197, an
6 act to amend the Penal Law, in relation to
7 increasing the penalties.
8 ACTING PRESIDENT WINNER: Read
9 the last section.
10 THE SECRETARY: Section 4. This
11 act shall take effect on the first of
12 November.
13 ACTING PRESIDENT WINNER: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Those recorded in
17 the negative on Calendar Number 213 are
18 Senators Andrews, Duane, Hassell-Thompson,
19 L. Krueger, Montgomery and Parker.
20 Ayes, 55. Nays, 6.
21 ACTING PRESIDENT WINNER: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 214, by Senator Winner, Senate Print 1428, an
25 act to amend the Penal Law, in relation to the
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1 imposition of driver's license suspensions.
2 ACTING PRESIDENT WINNER: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the first of
6 November.
7 ACTING PRESIDENT WINNER: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT WINNER: Senator
11 DeFrancisco, to explain his vote.
12 SENATOR DeFRANCISCO: I'm voting
13 no, not because I'm in favor of the violation
14 of the laws concerning marijuana, I just --
15 and I clearly understand the intent behind the
16 bill, because it's difficult to get fines paid
17 for this type of offense. And there's really
18 very little remedy that the justices have.
19 The only reason I'm voting no is
20 that I just can't see a nexus between a
21 marijuana offense and whether you should be on
22 the road driving. And there's got to be
23 another remedy that we could come up with that
24 would allow town justices to collect fines.
25 So that's the reason I'm voting no.
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1 ACTING PRESIDENT WINNER: Senator
2 DeFrancisco will be recorded in the negative.
3 THE SECRETARY: Those recorded in
4 the negative on Calendar Number 214 are
5 Senators DeFrancisco, Duane, Gonzalez,
6 Hassell-Thompson, Montgomery, Parker and
7 Schneiderman. Also Senator Andrews.
8 Ayes, 53. Nays, 8.
9 ACTING PRESIDENT WINNER: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 283, by Senator Spano, Senate Print 3008, an
13 act to amend the Labor Law, in relation to
14 permitting employers and employees.
15 ACTING PRESIDENT WINNER: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT WINNER: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 61.
23 ACTING PRESIDENT WINNER: The
24 bill is passed.
25 Senator Skelos, that completes the
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1 reading of the noncontroversial calendar.
2 SENATOR SKELOS: Thank you, Mr.
3 President.
4 I think that also completes the
5 controversial calendar and the
6 noncontroversial calendar.
7 And Resolution 917, by Senator
8 Larkin, concerning the 60th anniversary of the
9 raising of the flag on the island of Iwo Jima,
10 with the consent of the Minority, we'd like to
11 put every member on the resolution. If
12 anybody wishes not to sponsor the resolution,
13 they should notify the desk.
14 Is there any housekeeping at the
15 desk, Mr. President?
16 ACTING PRESIDENT WINNER: There
17 is not.
18 SENATOR SKELOS: Would you please
19 recognize Senator Schneiderman.
20 ACTING PRESIDENT WINNER: Senator
21 Schneiderman.
22 SENATOR SCHNEIDERMAN: Thank you,
23 Mr. President.
24 I have a motion at the desk, and I
25 would like to have it called up at this time.
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1 ACTING PRESIDENT WINNER: The
2 Secretary will read.
3 THE SECRETARY: Senate Print
4 1576, by Senator Schneiderman, an act to amend
5 the Education Law.
6 ACTING PRESIDENT WINNER: Senator
7 Schneiderman.
8 SENATOR SCHNEIDERMAN: Thank you.
9 Mr. President, this is a motion to
10 put on the calendar a piece of legislation
11 that I think is really very difficult to
12 oppose. Unfortunately, while this bill has
13 been passing the Assembly for years, it has
14 been held up in this house. I hope this year
15 we can change that. There is some support on
16 the other side of the aisle. We need to get
17 the bill to the floor.
18 The bill we're seeking to put on
19 the Senate calendar today would make emergency
20 contraception available without requiring that
21 women go through the current procedure of
22 finding a doctor, getting a prescription,
23 finding a pharmacy and then taking it to the
24 pharmacy.
25 This would provide for a supervised
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1 regimen by which this could be dispensed. It
2 does not make it an over-the-counter product,
3 but it illuminates the critical barriers to
4 women getting this product at the time that
5 they need it.
6 We're talking about a product
7 that's clearly safe. It's been in use in
8 Europe for over 25 years. And it clearly
9 prevents pregnancy. It is really just a high
10 dosage of the material in birth control pills.
11 And it prevents people from getting pregnant
12 who would sometimes then get abortions.
13 The estimates are staggering of
14 the -- according to the New England Journal of
15 Medicine, the use of emergency contraception
16 can prevent as many as 1.7 million unintended
17 pregnancies that occur each year in the United
18 States, and including as many as 800,000
19 pregnancies which now result in abortions.
20 It's been proven to reduce a
21 woman's risk of pregnancy by 75 percent if the
22 first dose is taken within 72 hours of the
23 failure of a birth control method or
24 unprotected sex.
25 So this is an approved product by
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1 the FDA. It's effective. It prevents
2 pregnancies. If you're opposed to abortion,
3 it prevents abortions.
4 And last year we passed a -- last
5 cycle we passed a piece of legislation that
6 had also been held up that ensured that
7 hospital emergency rooms make emergency
8 contraception available to rape survivors.
9 That was a great step. But there are many,
10 many other women in New York who are being
11 denied this product, being prevented from
12 getting it by the failure of this house to
13 bring this bill to the floor.
14 The key fact that compels us to
15 pass this legislation this year is this. When
16 you're dealing with emergency contraception,
17 every hour counts. The procedure we're
18 talking about would simply make it easier for
19 women to get it quickly. Every hour counts
20 when you need access to emergency
21 contraception. If you wait another 10 hours,
22 another 12 hours, it is less likely to be
23 effective. We're forcing women who don't want
24 to get pregnant to get pregnant.
25 This is a time of fiscal crisis.
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1 Let's pay attention to what the Comptroller of
2 the State of New York has said. He documented
3 in a report issued in 2003 that improved
4 access to emergency contraception will save
5 New York State more than $450 million a year.
6 So this is a fiscal issue, it's a
7 medical issue, but, most fundamentally, this
8 is a moral issue. This is something that
9 really almost rises to the level of shameful
10 neglect, when this house refuses to put a bill
11 on the floor to allow a safe product to be
12 available to women when they need it so that
13 they can avoid becoming pregnant.
14 This is a simple piece of
15 legislation. I urge everyone to vote yes and
16 bring it to the floor. And I urge my
17 colleagues on the other side of the aisle --
18 and there are those here who have supported
19 this legislation who may need a little boost
20 from their leadership from time to time --
21 that this is the year to do it.
22 Let's not force another group of
23 thousands of women in New York State to become
24 pregnant because of inaction by the New York
25 State Senate. Every year we wait forces more
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1 people into this horrible, horrible situation.
2 So I urge everyone to vote yes, and
3 let's pass this bill this year.
4 Thank you, Mr. President.
5 ACTING PRESIDENT WINNER: All
6 those Senators in favor of the petition out of
7 committee please signify by raising their
8 hands.
9 THE SECRETARY: Those recorded in
10 agreement are Senators Andrews, Breslin,
11 Brown, Connor, Dilan, Duane, Gonzalez,
12 Hassell-Thompson, Klein, L. Krueger,
13 C. Kruger, Montgomery, Onorato, Oppenheimer,
14 Parker, Paterson, Sabini, Sampson, Savino,
15 Schneiderman, Serrano, A. Smith, M. Smith,
16 Stavisky and Valesky.
17 ACTING PRESIDENT WINNER: The
18 petition is not agreed to.
19 Senator Skelos.
20 SENATOR SKELOS: Mr. President,
21 there being no further business to come before
22 the Senate, I move that we stand adjourned
23 until tomorrow, Wednesday, March 23rd, at
24 3:00 p.m.
25 ACTING PRESIDENT WINNER: On
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1 motion, the Senate stands adjourned until
2 Wednesday, March 23rd, at 3:00 p.m.
3 (Whereupon, at 3:52 p.m., the
4 Senate adjourned.)
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