Regular Session - April 25, 2006
2367
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 April 25, 2006
11 11:15 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR MARY O. DONOHUE, President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
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 morning to give the invocation is Reverend
11 Scott Ingvaldsen, pastor of Grace Church in
12 Smithtown, New York.
13 REVEREND INGVALDSEN: Let's pray.
14 Our Father, we come before You
15 today knowing that, Lord, we do have a great
16 need of You. We ask, Lord, that You would
17 grant wisdom and insight to these people as
18 they vote on very important matters. We thank
19 You for them, and we thank You for their
20 service, and we pray that You would just guide
21 them in everything they do.
22 Give them, God, the wisdom, give
23 them the insight, give them the humility and
24 everything they need that they might guide our
25 great state. And I thank You for them. And I
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1 ask You to bless them and their families.
2 And, God, may the decisions that are made here
3 be for the betterment of this state.
4 And we just pray for these things
5 in Jesus' name. Amen.
6 THE PRESIDENT: Reading of the
7 Journal.
8 THE SECRETARY: In Senate,
9 Monday, April 24, the Senate met pursuant to
10 adjournment. The Journal of Sunday, April 23,
11 was read and approved. On motion, Senate
12 adjourned.
13 THE PRESIDENT: Without
14 objection, the Journal stands approved as
15 read.
16 Presentation of petitions.
17 Messages from the Assembly.
18 Messages from the Governor.
19 Reports of standing committees.
20 Reports of select committees.
21 Communications and reports from
22 state officers.
23 Motions and resolutions.
24 Senator Fuschillo.
25 SENATOR FUSCHILLO: Thank you,
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1 Madam President.
2 On behalf of Senator Padavan, on
3 page number 30 I offer the following
4 amendments to Calendar Number 557, Senate
5 Print Number 4970, and ask that said bill
6 retain its place on Third Reading Calendar.
7 THE PRESIDENT: The amendments
8 are received, and the bill will retain its
9 place on the Third Reading Calendar.
10 SENATOR FUSCHILLO: Madam
11 President, on behalf of Senator DeFrancisco, I
12 wish to call up Senate Print Number 6905A,
13 recalled from the Assembly, which is now at
14 the desk.
15 THE PRESIDENT: The Secretary
16 will read.
17 THE SECRETARY: Calendar Number
18 547, by Senator DeFrancisco, Senate Print
19 6905A, an act to authorize.
20 SENATOR FUSCHILLO: I now move to
21 reconsider the vote by which the bill was
22 passed.
23 THE PRESIDENT: The Secretary
24 will call the roll upon reconsideration.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 40.
2 SENATOR FUSCHILLO: I now offer
3 the following amendments.
4 THE PRESIDENT: The amendments
5 are received.
6 Senator Skelos.
7 SENATOR SKELOS: Madam President,
8 if we could adopt the Resolution Calendar,
9 with the exception of Resolutions 4709, 4733,
10 4772 and 4754.
11 THE PRESIDENT: All those in
12 favor of so adopting the Resolution Calendar
13 please signify by saying aye.
14 (Response of "Aye.")
15 THE PRESIDENT: Opposed, nay.
16 (No response.)
17 THE PRESIDENT: The calendar is
18 so adopted.
19 Senator Skelos.
20 SENATOR SKELOS: Madam President,
21 if we could take up Resolution 4709, by
22 Senator Golden, have the title read and move
23 for its immediate adoption. And Senator
24 Golden would like to open it up for
25 sponsorship.
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1 THE PRESIDENT: The Secretary
2 will read.
3 THE SECRETARY: By Senator
4 Golden, Legislative Resolution Number 4709,
5 memorializing Governor George E. Pataki to
6 proclaim May 2006 as Autism Awareness Month in
7 the State of New York.
8 THE PRESIDENT: On the
9 resolution, all those in favor please signify
10 by saying aye.
11 (Response of "Aye.")
12 THE PRESIDENT: Opposed, nay.
13 (No response.)
14 THE PRESIDENT: The resolution is
15 adopted.
16 Any member who does not wish to
17 cosponsor the last resolution please notify
18 the desk.
19 Senator Skelos.
20 SENATOR SKELOS: Madam President,
21 if we could take up Resolution 4733, by
22 Senator Maltese, have the title read, move for
23 its immediate adoption, and also open it up
24 for cosponsorship.
25 THE PRESIDENT: The Secretary
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1 will read.
2 THE SECRETARY: By Senator
3 Maltese, Legislative Resolution Number 4733,
4 memorializing Governor George E. Pataki to
5 proclaim Tuesday, May 9, 2006, as Teacher Day
6 in the State of New York.
7 THE PRESIDENT: All those in
8 favor of the resolution please signify by
9 saying aye.
10 (Response of "Aye.")
11 THE PRESIDENT: Opposed, nay.
12 (No response.)
13 THE PRESIDENT: The resolution is
14 adopted.
15 Senator Skelos.
16 SENATOR SKELOS: Madam President,
17 if we could take up Resolution 4772, by
18 Senator Winner, have the title read, move for
19 its immediate adoption, and open it up for
20 cosponsorship.
21 THE PRESIDENT: The Secretary
22 will read.
23 THE SECRETARY: By Senator
24 Winner, Legislative Resolution Number 4772,
25 memorializing Governor George E. Pataki to
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1 proclaim May 19, 2006, as NASCAR Day in the
2 State of New York.
3 THE PRESIDENT: Senator Winner.
4 SENATOR WINNER: Thank you, Madam
5 President. Just briefly on the resolution.
6 I'm proud to be able to wave the
7 green flag, so to speak, as far as this
8 resolution is concerned, New York State's
9 celebration of NASCAR Day for 2006.
10 In my Senate district, Watkins Glen
11 is the well-known home of the soul of American
12 road racing, which over the course of over
13 five decades has become a national
14 institution, the premier road racing facility
15 in America.
16 Watkins Glen is a source of pride
17 for us and a source of pride for the State of
18 New York and a landmark that attracts
19 thousands of visitors every year and is, in
20 fact, the largest sports attraction in
21 New York State on an annual basis.
22 This year Watkins Glen celebrates
23 its 20th year as the NASCAR Nextel Cup of
24 racing, and over the past decade we've had
25 thousands upon thousands of NASCAR fans to
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1 visit Watkins Glen and the community of
2 Watkins Glen, and certainly we know its
3 enthusiasm.
4 In recognizing NASCAR's spirit
5 today, this resolution seeks to have New York
6 State join many, many other states in
7 proclaiming Friday, May 19th, as NASCAR Day
8 2006. NASCAR Day is the signature charitable
9 event of the NASCAR Foundation and supports a
10 wide range of worthy charitable initiatives.
11 It's an opportunity for all of us to draw
12 attention to NASCAR fans across New York and
13 bring them to a worthwhile cause, and a worthy
14 opportunity for all of them to express their
15 sense of community.
16 Thank you, Madam President.
17 THE PRESIDENT: All those in
18 favor of the resolution please signify by
19 saying aye.
20 (Response of "Aye.")
21 THE PRESIDENT: Opposed, nay.
22 (No response.)
23 THE PRESIDENT: The resolution is
24 adopted.
25 Any member who does not wish to
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1 cosponsor the last two resolutions please
2 notify the desk.
3 Senator Skelos.
4 SENATOR SKELOS: Madam President,
5 if could take up Resolution 4754, by Senator
6 Marcellino, have the title read, move for its
7 immediate adoption, and open it up for
8 cosponsorship.
9 THE PRESIDENT: The Secretary
10 will read.
11 THE SECRETARY: By Senator
12 Marcellino, Legislative Resolution Number
13 4754, memorializing Governor George E. Pataki
14 to proclaim the week of May 15 through 21,
15 2006, as Prevention is the Cure Week in the
16 State of New York.
17 THE PRESIDENT: All those in
18 favor of the resolution please signify by
19 saying aye.
20 (Response of "Aye.")
21 THE PRESIDENT: Opposed, nay.
22 (No response.)
23 THE PRESIDENT: The resolution is
24 adopted.
25 Any member who does not wish to
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1 cosponsor the last resolution please notify
2 the desk.
3 Senator Skelos.
4 SENATOR SKELOS: Madam President,
5 I believe the Finance Committee is just
6 starting their deliberations in Room 124. So
7 if members wish to attend, they should go, and
8 we'll stand at ease pending the completion of
9 that meeting.
10 THE PRESIDENT: The Senate stands
11 at ease.
12 (Whereupon, the Senate stood at
13 ease at 11:23 a.m.)
14 (Whereupon, the Senate reconvened
15 at 11:33 a.m.)
16 ACTING PRESIDENT MORAHAN:
17 Senator Skelos.
18 SENATOR SKELOS: Thank you,
19 Mr. President. If we could go to the
20 noncontroversial reading of the calendar.
21 ACTING PRESIDENT MORAHAN: The
22 Secretary will read.
23 THE SECRETARY: Calendar Number
24 99, by Senator Maziarz, Senate Print 203, an
25 act to amend the Vehicle and Traffic Law, in
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1 relation to increasing penalties.
2 ACTING PRESIDENT MORAHAN: Read
3 the last section.
4 THE SECRETARY: Section 4. This
5 act shall take effect on the first of
6 November.
7 ACTING PRESIDENT MORAHAN: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MORAHAN:
11 Announce the results.
12 SENATOR SKELOS: Lay that aside
13 temporarily, please.
14 ACTING PRESIDENT MORAHAN: The
15 bill is laid aside temporarily.
16 THE SECRETARY: Calendar Number
17 100, by Senator Marcellino, Senate Print 659,
18 an act to amend the Vehicle and Traffic Law,
19 in relation to aggravated unlicensed
20 operation.
21 ACTING PRESIDENT MORAHAN: 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 MORAHAN: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 56.
5 ACTING PRESIDENT MORAHAN: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 101, by Senator Marcellino, Senate Print 665,
9 an act to amend the Vehicle and Traffic Law,
10 in relation to --
11 SENATOR SKELOS: Lay it aside
12 temporarily.
13 ACTING PRESIDENT MORAHAN: The
14 bill is laid aside temporarily.
15 THE SECRETARY: Calendar Number
16 252, by Senator Maziarz, Senate Print 692A, an
17 act to amend the Vehicle and Traffic Law.
18 ACTING PRESIDENT MORAHAN: Read
19 the last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MORAHAN: Call
23 the roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MORAHAN:
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1 Announce the results.
2 THE SECRETARY: Ayes, 56.
3 ACTING PRESIDENT MORAHAN: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 256, by Senator Nozzolio, Senate Print 2286,
7 an act to amend the Vehicle and Traffic Law.
8 ACTING PRESIDENT MORAHAN: Read
9 the last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect on the 30th day.
12 ACTING PRESIDENT MORAHAN: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MORAHAN:
16 Announce the results.
17 THE SECRETARY: Ayes, 57.
18 ACTING PRESIDENT MORAHAN: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 257, by Senator Marcellino, Senate Print 2855,
22 an act to amend the Vehicle and Traffic Law.
23 ACTING PRESIDENT MORAHAN: Read
24 the last section.
25 THE SECRETARY: Section 3. This
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1 act shall take effect on the first of
2 November.
3 ACTING PRESIDENT MORAHAN: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 58.
7 ACTING PRESIDENT MORAHAN: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 310, by Senator Maziarz, Senate Print 210A, an
11 act to amend the Penal Law.
12 ACTING PRESIDENT MORAHAN: Read
13 the last section.
14 THE SECRETARY: Section 5. This
15 act shall take effect on the first of
16 November.
17 ACTING PRESIDENT MORAHAN: Call
18 the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT MORAHAN:
21 Announce the results.
22 THE SECRETARY: Ayes, 58.
23 ACTING PRESIDENT MORAHAN: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 562, by Senator Robach, Senate Print 1613A, an
2 act to amend the Penal Law.
3 ACTING PRESIDENT MORAHAN: Read
4 the last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect on the first of
7 November.
8 ACTING PRESIDENT MORAHAN: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MORAHAN:
12 Announce the results.
13 THE SECRETARY: Ayes, 58.
14 ACTING PRESIDENT MORAHAN: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 565, by Senator Robach, Senate Print 3418, an
18 act to amend the Criminal Procedure Law and
19 the Vehicle and Traffic Law.
20 ACTING PRESIDENT MORAHAN: Read
21 the last section.
22 THE SECRETARY: Section 6. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MORAHAN: Call
25 the roll.
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1 (The Secretary called the roll.)
2 ACTING PRESIDENT MORAHAN:
3 Announce the results.
4 THE SECRETARY: Ayes, 58.
5 ACTING PRESIDENT MORAHAN: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 649, by Senator Padavan, Senate Print 6997, an
9 act to amend the Penal Law.
10 ACTING PRESIDENT MORAHAN: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the first of
14 November.
15 ACTING PRESIDENT MORAHAN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MORAHAN:
19 Announce the results.
20 THE SECRETARY: Ayes, 57. Nays,
21 1. Senator Montgomery recorded in the
22 negative.
23 ACTING PRESIDENT MORAHAN: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 661, by Senator Alesi, Senate Print 2273, an
2 act to amend the Vehicle and Traffic Law.
3 ACTING PRESIDENT MORAHAN: 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 MORAHAN: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MORAHAN:
12 Senator Duane, to explain his vote.
13 SENATOR DUANE: Thank you, Mr.
14 President.
15 I'm going to vote for this bill.
16 But once again, this bill brings forward the
17 issue of addiction to alcohol. You know,
18 people in New York need and deserve mental
19 health treatment and addiction treatment. And
20 if we had it, we might not have the problem
21 that we have that this bill is trying to deal
22 with.
23 So here we are yet another day here
24 in session, and we have yet to pass Timothy's
25 Law. And that is just plain wrong. I don't
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1 know why we let countless New Yorkers suffer
2 from mental health issues and substance abuse
3 issues and not do what we can to help them.
4 We need to pass Timothy's Law.
5 I'll be voting yes, Mr. President.
6 ACTING PRESIDENT MORAHAN:
7 Announce the results.
8 THE SECRETARY: Ayes, 58.
9 ACTING PRESIDENT MORAHAN: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 679, by Senator Morahan, Senate Print 6939, an
13 act to authorize.
14 ACTING PRESIDENT MORAHAN: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MORAHAN: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MORAHAN:
22 Announce the results.
23 THE SECRETARY: Ayes, 57. Nays,
24 1. Senator Bonacic recorded in the negative.
25 ACTING PRESIDENT MORAHAN: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 692, by Senator Hannon, Senate Print 5811A, an
4 act to amend the Tax Law.
5 ACTING PRESIDENT MORAHAN: Read
6 the last section.
7 THE SECRETARY: Section 7. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MORAHAN: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MORAHAN:
13 Announce the results.
14 THE SECRETARY: Ayes, 58.
15 ACTING PRESIDENT MORAHAN: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 693, by Senator Little, Senate Print 6428, an
19 act to amend the Tax Law.
20 ACTING PRESIDENT MORAHAN: There
21 is a local fiscal impact statement at the
22 desk.
23 Read the last section.
24 THE SECRETARY: Section 6. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT MORAHAN: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MORAHAN:
5 Announce the results.
6 THE SECRETARY: Ayes, 57. Nays,
7 1. Senator Valesky recorded in the negative.
8 ACTING PRESIDENT MORAHAN: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 698, by Senator Morahan, Senate Print 3091A,
12 an act to amend the Banking Law.
13 ACTING PRESIDENT MORAHAN: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MORAHAN: Call
18 the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT MORAHAN:
21 Announce the results.
22 THE SECRETARY: Ayes, 58.
23 ACTING PRESIDENT MORAHAN: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 99, by Senator Maziarz, Senate Print 203, an
2 act to amend the Vehicle and Traffic Law.
3 ACTING PRESIDENT MORAHAN: Read
4 the last section.
5 THE SECRETARY: Section 4. This
6 act shall take effect on the first of
7 November.
8 ACTING PRESIDENT MORAHAN: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MORAHAN:
12 Senator Montgomery, to explain her vote.
13 SENATOR MONTGOMERY: Yes, Mr.
14 President.
15 I have opposed this legislation in
16 past prior sessions. I'm going to withdraw my
17 objection and vote yes on this, although I
18 still have some reservations about the fact
19 that there are a number of different degrees
20 of impairment based on prescription drugs that
21 people experience. Very often they are
22 unaware that they are going to have that kind
23 of reaction and therefore may possibly be
24 charged under this bill.
25 But nonetheless, I'm going to
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1 withdraw my objection and vote yes.
2 ACTING PRESIDENT MORAHAN:
3 Senator Montgomery will be recorded in the
4 affirmative.
5 Announce the results.
6 THE SECRETARY: Ayes, 58.
7 ACTING PRESIDENT MORAHAN: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 101, by Senator Marcellino, Senate Print 665,
11 an act to amend the Vehicle and Traffic Law.
12 ACTING PRESIDENT MORAHAN: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the first of
16 November.
17 ACTING PRESIDENT MORAHAN: Call
18 the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT MORAHAN:
21 Announce the results.
22 THE SECRETARY: Ayes, 58.
23 ACTING PRESIDENT MORAHAN: The
24 bill is passed.
25 Senator Skelos.
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1 SENATOR SKELOS: Mr. President,
2 there will be an immediate conference of the
3 Majority in the Majority Conference Room.
4 It's expected that the conference will last
5 approximately a half hour, and then we'll
6 reconvene.
7 ACTING PRESIDENT MORAHAN: There
8 will be an immediate meeting of the Majority
9 in the Majority Conference Room which will
10 last about a half an hour, and in the meantime
11 the Senate will stand at ease.
12 (Whereupon, the Senate stood at
13 ease at 11:54 a.m.)
14 (Whereupon, the Senate reconvened
15 at 12:59 p.m.)
16 ACTING PRESIDENT ALESI: Senator
17 Skelos.
18 SENATOR SKELOS: Thank you,
19 Mr. President. Would you please recognize
20 Senator Gonzalez.
21 ACTING PRESIDENT ALESI: Senator
22 Gonzalez.
23 SENATOR GONZALEZ: Mr. President,
24 there will be a conference of the Minority at
25 2 o'clock in Room 315.
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1 ACTING PRESIDENT ALESI: Minority
2 conference at 2 o'clock in Room 315.
3 Senator Skelos.
4 SENATOR SKELOS: Mr. President,
5 the Senate will stand at ease until 2:30 this
6 afternoon.
7 ACTING PRESIDENT ALESI: The
8 Senate will stand at ease until 2:30.
9 (Whereupon, the Senate stood at
10 ease at 1:01 p.m.)
11 (Whereupon, the Senate reconvened
12 at 4:59 p.m.)
13 ACTING PRESIDENT ALESI: Senator
14 Skelos.
15 SENATOR SKELOS: Mr. President,
16 if we could return to motions and resolutions,
17 there's a Resolution 4797 at the desk, by
18 Senator Bruno. Could we have the title read
19 and move for its immediate adoption.
20 ACTING PRESIDENT ALESI: The
21 Secretary will read.
22 THE SECRETARY: By Senator Bruno,
23 Legislative Resolution Number 4797,
24 congratulating the Troy Albany Youth Hockey
25 Association PeeWee Team upon the occasion of
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1 competing in the 2006 Tretiak Friendship Cup
2 Tournament in Moscow.
3 ACTING PRESIDENT ALESI: On the
4 resolution, all in favor, aye.
5 (Response of "Aye.")
6 ACTING PRESIDENT ALESI: Opposed,
7 nay.
8 (No response.)
9 ACTING PRESIDENT ALESI: The
10 resolution is adopted.
11 SENATOR SKELOS: Mr. President,
12 is there any further business at the desk?
13 ACTING PRESIDENT ALESI: Senator
14 Skelos, there is no further business at the
15 desk.
16 SENATOR SKELOS: I move we
17 adjourn until Wednesday, April 26th, at
18 11:00 a.m.
19 ACTING PRESIDENT ALESI: On
20 motion, the Senate stands adjourned until
21 Wednesday, April 26th, at 11:00 a.m.
22 (Whereupon, at 5:00 p.m., the
23 Senate adjourned.)
24
25
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