Regular Session - September 15, 2006
6325
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 September 15, 2006
11 2:47 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR MARY O. DONOHUE, President
19 STEVEN M. BOGGESS, Secretary
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21
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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 Everyone is rising for the Pledge
5 of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 THE PRESIDENT: With us this
9 afternoon to give the invocation is the
10 Reverend Peter G. Young, of Mother Theresa
11 Community, in Albany.
12 REVEREND YOUNG: Let us pray.
13 In the desire to make us share in
14 God's love, to aid in gentle kindness, to help
15 those that are weak, sick, and unfortunate, it
16 is love for God that He has called us then to
17 show mercy. And, God, by Your love You made a
18 world where we have become neighbors to each
19 other, and we are enabled to love one another.
20 Grant that we do these good things
21 with the Senate, therefore, that will strive
22 toward a way of life in keeping with God's
23 plan.
24 But especially today we want to
25 remember the dedicated law officer that gave
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1 his life to institute justice and to institute
2 a love for all people. We pray that You will
3 remember him in his most dedicated life.
4 Amen.
5 THE PRESIDENT: Reading of the
6 Journal.
7 THE SECRETARY: In Senate,
8 Thursday, September 14, the Senate met
9 pursuant to adjournment. The Journal of
10 Wednesday, September 13, was read and
11 approved. On motion, Senate adjourned.
12 ACTING PRESIDENT MAZIARZ:
13 Without objection, the Journal stands approved
14 as read.
15 Presentation of petitions.
16 Messages from the Assembly.
17 Messages from the Governor.
18 Reports of standing committees.
19 Reports of select committees.
20 Communications and reports from
21 state officers.
22 Motions and resolutions.
23 Senator Bruno.
24 SENATOR BRUNO: Mr. President, if
25 we could adopt the Resolution Calendar, with
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1 the exception of Resolutions 6374, 6396, and
2 6402.
3 ACTING PRESIDENT MAZIARZ: All in
4 favor of adopting the Resolution Calendar,
5 with the exceptions, signify by saying aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT MAZIARZ:
8 Opposed, nay.
9 (No response.)
10 ACTING PRESIDENT MAZIARZ: The
11 Resolution Calendar is adopted.
12 Senator Bruno.
13 SENATOR BRUNO: Mr. President --
14 ACTING PRESIDENT MAZIARZ: Could
15 we have some order in the chambers, please.
16 Could we ask all members to please take their
17 place their seats in the chamber.
18 Will the Sergeant-at-Arms please
19 direct all the members to return to the
20 chamber.
21 SENATOR BRUNO: Mr. President, we
22 need whatever conversations that are not
23 directed to the chair to be outside.
24 And thank you, Mr. President.
25 ACTING PRESIDENT MAZIARZ: Thank
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1 you, Senator Bruno.
2 Again, we'd ask the Sergent-at-Arms
3 to make sure that all conversations are taken
4 outside the chamber and that all members are
5 asked to please report to the chamber and take
6 their seats.
7 Senator Bruno.
8 SENATOR BRUNO: Mr. President, I
9 believe that I have a privileged resolution at
10 the desk. I would ask at this time that it be
11 read in its entirety and move for its
12 immediate adoption.
13 ACTING PRESIDENT MAZIARZ: The
14 Secretary will read.
15 THE SECRETARY: By Senator Bruno,
16 Legislative Resolution Number 6439, mourning
17 the untimely death of Joseph Anthony
18 Longobardo, of Middle Grove, New York, and
19 paying tribute to his courageous actions as a
20 New York State Trooper.
21 "WHEREAS, It is the sense of this
22 Legislative Body to convey its grateful
23 appreciation and heartfelt regret in
24 recognition of the loss of courageous
25 individuals who dedicated their purposeful
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1 lives and careers to serve and protect; and
2 "WHEREAS, Joseph Anthony
3 Longobardo, of Middle Grove, New York, died on
4 Sunday, September 3, 2006, at the age of 32;
5 and
6 "WHEREAS, New York State Trooper
7 Joseph Anthony Longobardo made the ultimate
8 sacrifice while faithfully executing his
9 responsibilities, serving with dedication,
10 loyalty and compassion; and
11 "WHEREAS, Born on May 24, 1974, in
12 Amsterdam, New York, Joseph Anthony Longobardo
13 is the son of Anthony and Gayle Longobardo.
14 He attended Marie Curie Eastside Elementary
15 School and was a 1992 graduate of Amsterdam
16 High School; and
17 "WHEREAS, In 1992, he enlisted in
18 the United States Marine Corps. After
19 completing boot camp and advanced training, he
20 was assigned to embassy duty, providing
21 high-level personal protection to dignitaries
22 at various posts, including Pakistan and
23 Uruguay; and
24 "WHEREAS, His decorations and
25 awards included the National Defense Service
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1 Medal, Good Conduct Medal, Navy-Marine Corps
2 Overseas Service Ribbon, Rifle Expert Badge,
3 Pistol Expert Badge, and numerous letters of
4 appreciation and meritorious mast. Joseph
5 Anthony Longobardo was honorably discharged
6 from the United States Marine Corps as a
7 sergeant in January of 1997; and
8 "WHEREAS, Joseph Anthony Longobardo
9 was currently serving with the 109th Airlift
10 Wing as a master sergeant in the Security
11 Forces Squadron at Stratton Air Force Base in
12 Scotia, New York. While serving, he
13 participated in Operation Enduring Freedom and
14 Operation Noble Eagle. He was also a member
15 of the United States Air Force Security Forces
16 Phoenix Raven, a unit that responds to
17 critical incidents worldwide; and
18 "WHEREAS, He was a graduate of
19 Schenectady County Community College and the
20 American Military Institute, receiving degrees
21 in criminal justice; and
22 "WHEREAS, Trooper Joseph Anthony
23 Longobardo entered the New York State Police
24 Academy on November 2, 1998. Although his
25 first year was spent in Troop K at Dover
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1 Plains, most of his time with the State Police
2 was spent at Troop G, assigned to the Fonda
3 barracks in Fultonville; and
4 "WHEREAS, During his eight-year
5 career, Joseph Anthony Longobardo received
6 numerous commendations for his investigations
7 and arrests. In 2002, he received a
8 commendation from the Montgomery County
9 District Attorney for his contributions in
10 successfully closing a murder investigation in
11 2001. He was awarded the Troop G, Zone 3
12 'Trooper of the Year' Award for 2004. He was
13 also a field training officer for probationary
14 troopers who had just graduated from the State
15 Police Academy, as well as a defensive tactics
16 instructor for recruits in the academy; and
17 "WHEREAS, Although he served in
18 numerous capacities, Trooper Joseph Anthony
19 Longobardo generally led his fellow troopers
20 in arrests -- DWI, drugs, misdemeanors and
21 felonies. After the terrorist attacks of
22 September 11th, he was recalled to active duty
23 in the New York Air National Guard for
24 approximately a year and a half, once again
25 filling in wherever needed; and
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1 "WHEREAS, In 2006, Joseph Anthony
2 Longobardo was one of four troopers assigned
3 to Troop G who were selected to join the elite
4 Mobile Response Team, known as the MRT. In
5 June of 2006, he graduated from the six-month
6 MRT training session; and
7 "WHEREAS, In addition to his
8 parents, Anthony and Gayle Longobardo,
9 New York State Trooper Joseph Anthony
10 Longobardo is survived by his loving wife of
11 four years, Teri E. Longobardo; his
12 13-month-old son, Louis M. Longobardo; his
13 sister, Dawn Longobardo; father-in-law and
14 mother-in-law, Terry and Suzanne LeMere;
15 brothers-in-law Timothy LeMere and Thomas
16 LeMere; and sister-in-law Tricia LeMere; and
17 "WHEREAS, New York State Trooper
18 Joseph Anthony Longobardo lived his life with
19 great dignity and genuine grace, always
20 demonstrating a deep and continuing concern
21 for the welfare of others in the great State
22 of New York; now, therefore, be it
23 "RESOLVED, That this Legislative
24 Body pause in its deliberations to mourn the
25 untimely death of Joseph Anthony Longobardo of
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1 Middle Grove, New York, noting the
2 significance of his contributions on behalf of
3 the citizens of this noble Empire State; and
4 be it further
5 "RESOLVED, That a copy of this
6 resolution, suitably engrossed, be transmitted
7 to the family of New York State Trooper Joseph
8 Anthony Longobardo."
9 ACTING PRESIDENT MAZIARZ:
10 Senator Bruno.
11 SENATOR BRUNO: Thank you,
12 Mr. President and colleagues.
13 We have Teri Longobardo here with
14 us; her mom and dad, as you heard, Suzanne and
15 Terry; Joe Longobardo's brothers, Tim, Tom;
16 sister-in-law Trish; other members of the
17 family; Gayle, his mom.
18 You just heard a chronicle that
19 took just a couple of minutes to review and
20 read, but it chronicled a lifetime of a hero.
21 We use the word "hero" many times in our daily
22 lives, and you wonder really if it isn't used
23 sometimes too loosely. But in this case, Joe
24 Longobardo is a hero.
25 You heard he spent his life, his
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1 adult life in service to other people, in
2 service that put him in harm's way. You know,
3 our country, this state, our freedoms were
4 built on people who just lay down their plows,
5 left their places of business, left their
6 families and went to fight -- and are still
7 fighting, all over the world, to keep us free.
8 Joe stepped up early in his life,
9 went into the Marines, distinguished himself,
10 a decorated Marine. And when he got out of
11 the Marines, where he was constantly at risk,
12 he was in the U.S. Air Force Reserve, as you
13 heard, as a sergeant, again placing himself in
14 a position to be called anywhere at any time.
15 And when he was in the troopers,
16 Joe wasn't satisfied to be a trooper. And
17 being a trooper is quite a challenge in
18 itself. Because all of us that enjoy a
19 quality of life here, we enjoy a quality of
20 life. Why? Because we can be in our homes
21 safely, places of business, on the street.
22 Why? Because we have troopers. We have law
23 enforcement. We have people who are willing
24 to get up in the morning, not sleep at night,
25 to protect us here, everywhere, wherever you
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1 go. And how do they do it? Constantly by
2 putting themselves in harm's way, putting
3 themselves out front.
4 Joe Longobardo was one of an elite
5 group of four in the troopers that were like
6 called into duty when things were extreme and
7 hazardous. Didn't have to do that. Took
8 specialized training, specialized commitment,
9 special courage. You think about it: Day,
10 night, being called upon.
11 He was called upon when this
12 desperado, this demented individual, really,
13 who had already shot a trooper was in the
14 woods out in the western part of the state.
15 Joe, with Trooper Baker -- to whose family we
16 extend our prayers and our thoughts, because
17 he presently is in a coma; he was the partner
18 there with Joe and was shot at the same time.
19 Now, Joe was there with Trooper
20 Baker, not knowing that this individual was
21 sneaking like a rodent there in the woods with
22 a rifle, .308 high-powered rifle that can
23 shoot, if it has to, 2 miles, with
24 armor-piercing bullets. And Joe was doing
25 everything that he should do and could do.
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1 And this person, when you think about it,
2 wasn't facing them in any way, wasn't
3 challenging them in any way, sneaks up and
4 shoots them. And as a consequence, Joe's life
5 was taken.
6 Now, Joe knew every day that he got
7 up that his life was on the line. Teri, his
8 wife that's here in the front, next to the
9 trooper, and his mom and dad -- Gayle, Tony --
10 your mom and dad, brothers, sisters, in-laws,
11 they're a great, great family. They're a
12 family of teachers. Teri is a teacher.
13 They're a family of givers, sharers. So Joe
14 comes with that heritage.
15 But, Teri, we just want you to know
16 in the Senate, and with our colleagues in the
17 Assembly, and everyone in government -- and I
18 know, I heard the Governor speak this past
19 week at Joe's funeral. Where, by the way,
20 6,500 law enforcement people came from all
21 over this country to pay their respects, from
22 Canada, to pay their respects. They didn't
23 have to do that. They could have sent notes,
24 they could have called, they could have been
25 represented, they came themselves to pay their
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1 respects to a hero.
2 Teri and Joe have a son,
3 13-month-old Louis. Now, Louis is going to
4 grow up, you're going to go on with your life,
5 because you have the courage. You are going
6 to be the living part of the heritage that
7 your husband leaves. And this resolution that
8 we pass here today that everyone will vote on,
9 and hopefully all will sign on as sponsors,
10 this will become a permanent record of the
11 history of this state. So when Louis grows
12 up, his children and his grandchildren will
13 recognize by the number of this resolution
14 which you heard and that will pass here today.
15 So it's our privilege to pass a
16 resolution honoring an individual like your
17 husband, who represents all of the good things
18 that make our lives here in this state -- and
19 really throughout the country and throughout
20 the world for free people -- what our lives
21 are.
22 And without him stepping up -- and
23 we just extend our thoughts be our prayers and
24 our condolences, because he gave his life so
25 that we could be here, like this, legislating
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1 in freedom, and people like us all over the
2 world governing in freedom. That's Joe's
3 heritage. That was his commitment, and that
4 was his sacrifice.
5 So, Teri, on behalf of the Senate,
6 again, we extend our best thoughts to you and
7 to your family and to your future and to
8 Louis's, and our constant prayers. God bless.
9 Thank you, Mr. President.
10 ACTING PRESIDENT MAZIARZ: Thank
11 you, Senator Bruno.
12 Senator Paterson.
13 SENATOR PATERSON: Thank you,
14 Mr. President.
15 And thank you to the Majority
16 Leader for clearly outlining the service of
17 the late Trooper Joseph Longobardo, and
18 recognizing his family, who through their own
19 pain are able to join with us today in a
20 harmonious celebration of his life and the
21 warmest prayers that we have for his family --
22 for his wife, Teri; his son of 13 months,
23 Louis; his parents, Anthony and Gayle; and for
24 all the other family members who have been
25 able to come and join us here today.
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1 It's very difficult for us to think
2 of the words that would express our most
3 heartfelt feelings for all of you being able
4 to pull together and resume your lives. Also
5 how difficult it is for all of us to
6 comprehend such a heinous crime, attacking two
7 state troopers -- doing their jobs, doing
8 their duty -- in the middle of the night, from
9 the back, in such a vicious manner as Senator
10 Bruno described.
11 You wonder what kind of a mind
12 feels comfortable taking that kind of an
13 action. And certainly that our society will
14 punish that individual to the full extent of
15 the law is in the hearts of all of us who are
16 here today.
17 Senator Bruno pointed out the great
18 work that Joseph Longobardo performed. He was
19 a member of Troop G -- I had a roommate for
20 six or seven years, a trooper who was in Troop
21 G -- he did a short stint in Troop K and then
22 went back to Troop G. And his tremendous
23 heroism even at the time of his shooting, how
24 he went to the aid of his partner, Donald
25 Baker, for whom prayers are required from us
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1 now as he still suffers in a hospital in
2 Pennsylvania.
3 And that this was not just the
4 outpouring of effort by one state trooper, it
5 really is collectively the feeling and the
6 courage of so many law enforcement officials,
7 8,000 to 10,000 strong, who attended this
8 particular funeral.
9 After 21 years of public service, I
10 thought that you'd start to feel tired or
11 jaded going to these types of funerals. And
12 what I find is you feel more enraged and more
13 shocked at the families left behind, the work
14 not completed, and the terrible stain on our
15 society that we have predators in our society
16 that commit crimes of such magnitude and
17 negativity.
18 We are so proud of the work that
19 Trooper Longobardo and those who were there,
20 what they did. And this is the third time
21 I've watched this, is all the law enforcement
22 officials present marched up to the front of
23 the church and marched past the casket and
24 out. It took over an hour for all of them to
25 go through as briskly as they did.
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1 But it made a statement about our
2 society, it made a statement about our
3 government and it made a statement about the
4 democracy in which we live, that we will be
5 undaunted by these tragedies, we will not in
6 any way be inhibited by the attacks on our
7 country or the symbols of law enforcement in
8 our country, and we will not give up the great
9 dream that we have for freedom and equality
10 for all people at the behest of this disaster
11 that occurred in our state, the third such
12 instance of loss for the New York State
13 Police. And unfortunately, and tragically, we
14 kind of know that this is part of the danger
15 that accompanies the jobs they perform.
16 And so in great homage that we pay
17 for those who have paid the ultimate price, we
18 should pause in our deliberations as residents
19 of the State of New York just to take a second
20 look at all of our law enforcement officials
21 who march among us, to know the tremendous
22 effort that they wage and the tremendous risks
23 that their families take by having them
24 perform that function.
25 It makes us proud to be New Yorkers
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1 and, even in the sadness of this moment, makes
2 us raise afresh and know that we will hew the
3 enemies of freedom and justice down -- over
4 and over, if it takes it -- to preserve the
5 great democracy in which we live.
6 Thank you, Mr. President.
7 ACTING PRESIDENT MAZIARZ: Thank
8 you, Senator Paterson.
9 The question is on the resolution.
10 All in favor signify by saying aye.
11 (Response of "Aye.")
12 ACTING PRESIDENT MAZIARZ:
13 Opposed, nay.
14 (No response.)
15 ACTING PRESIDENT MAZIARZ: Teri,
16 Mr. and Mrs. Longobardo, on behalf of all the
17 members of the New York State Senate, I want
18 to offer you our heartfelt condolences and
19 also, and more importantly, our heartfelt
20 thanks for the service of your husband and son
21 Joseph. Thank you.
22 The resolution is adopted.
23 SENATOR BRUNO: Mr. President.
24 ACTING PRESIDENT MAZIARZ:
25 Senator Bruno.
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1 SENATOR BRUNO: And, Teri, would
2 you stand up and just let the members
3 acknowledge Teri.
4 (Extended standing ovation.)
5 ACTING PRESIDENT MAZIARZ:
6 Senator Bruno.
7 SENATOR BRUNO: Mr. President,
8 can I ask that we put all of the chamber
9 members on the resolution unless they would
10 quietly go up to the desk and indicate
11 otherwise.
12 ACTING PRESIDENT MAZIARZ: So
13 ordered.
14 SENATOR BRUNO: Thank you,
15 Mr. President.
16 ACTING PRESIDENT MAZIARZ:
17 Senator Bruno.
18 SENATOR BRUNO: Mr. President, I
19 believe there is another privileged resolution
20 at the desk, by Senators LaValle and Trunzo.
21 I would ask that the title be read and move
22 for its immediate adoption.
23 ACTING PRESIDENT MAZIARZ: The
24 Secretary will read.
25 THE SECRETARY: By Senators
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1 LaValle and Trunzo, Legislative Resolution
2 Number 6449, mourning the untimely death of
3 New York City Fire Department Lieutenant
4 Howard Carpluk, distinguished citizen and
5 devoted member of his community.
6 ACTING PRESIDENT MAZIARZ:
7 Senator LaValle.
8 SENATOR LaVALLE: Thank you,
9 Mr. President.
10 Howard Carpluk gave his life on
11 August the 28th, fighting a four-alarm fire in
12 the Bronx. He gave his life to ensure that
13 those under his oversight were doing what they
14 needed to do. And in the line he gave his
15 life, along with another young, probationary
16 firefighter, Michael Reilly.
17 Howard Carpluk, however, being a
18 lieutenant, demonstrated leadership not only
19 in the department but in his community. He
20 was certainly loved by his family, but he was
21 loved and respected by those that he worked
22 with.
23 Howard Carpluk gave, donated his
24 organs upon his death, so in our society there
25 are some very lucky people that will also, I
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1 am sure, capture his spirit, his energy, and
2 his humanity for his fellow well-being.
3 And certainly we, with the family,
4 are very appreciative of what he gave to us,
5 and we know he's looking down, and in a very
6 happy way -- because one of the things I
7 understand is that he loved to be a practical
8 jokester, so I am sure that both at the
9 firehouse and at home there will be funny
10 things that will continue to happen. We
11 respect what he has done very much.
12 Thank you, Mr. President.
13 ACTING PRESIDENT MAZIARZ: Thank
14 you, Senator LaValle.
15 Senator Trunzo.
16 SENATOR TRUNZO: Thank you,
17 Mr. President.
18 Although he was a firefighter that
19 lived in my district, Lieutenant Howard
20 Carpluk, Jr., I really didn't know
21 Mr. Carpluk.
22 But the type of reception that he
23 received the day of his wake in the town of
24 Islip was really amazing and fantastic, with
25 firefighters coming from all over the country
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1 in order to pay homage to their man. As I
2 say, I didn't know Mr. Carpluk, but he
3 certainly had tied up the entire town of Islip
4 for many, many hours, with every street and
5 the main street was really packed, and nobody
6 could really get around, even to get to the
7 funeral parlor that was there.
8 But I pay respects to him and his
9 wife, Debra, and their children on this
10 occasion of his death, and wish him and
11 Mr. Reilly, the other firefighter who also
12 passed away for the same fire, I wish them
13 whatever necessary, that God is watching over
14 them and will be with them forever.
15 Thank you.
16 ACTING PRESIDENT MAZIARZ: Thank
17 you, Senator Trunzo.
18 Senator LaValle.
19 SENATOR LaVALLE: Can we open the
20 resolution to all the members of the house?
21 ACTING PRESIDENT MAZIARZ: Any
22 member not wishing to be on the resolution
23 please report to the desk.
24 The question is on the resolution.
25 All in favor signify by saying aye.
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1 (Response of "Aye.")
2 ACTING PRESIDENT MAZIARZ:
3 Opposed, nay.
4 (No response.)
5 ACTING PRESIDENT MAZIARZ: The
6 resolution is adopted.
7 Senator Skelos.
8 SENATOR SKELOS: Mr. President,
9 there's a privileged resolution at the desk,
10 6448, by Senator Spano. Could we have the
11 title read and move for its immediate
12 adoption.
13 ACTING PRESIDENT MAZIARZ: The
14 Secretary will read.
15 THE SECRETARY: By Senator Spano,
16 Legislative Resolution Number 6448, mourning
17 the untimely death of Firefighter Michael C.
18 Reilly, distinguished citizen and devoted
19 member of his community.
20 ACTING PRESIDENT MAZIARZ:
21 Senator Spano.
22 SENATOR SPANO: Mr. President,
23 the only thing Michael Reilly ever really
24 wanted to do, his life's goal, was to be a
25 New York City firefighter.
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1 He served our country, he was a
2 Marine, he served us in Iraq, was in Baghdad,
3 was part of an elite rescue squad. Grew up in
4 New Jersey, where he was a volunteer with the
5 rescue squad there starting at age 16. See,
6 the only thing he ever really thought about,
7 the only job he ever really wanted was to be a
8 New York City firefighter.
9 And he got his goal. And then on
10 August 27th, while he was battling that
11 four-alarm fire in the Bronx, he lost his
12 life. Lost his life as a firefighter, but
13 what made it even hurt more was as a
14 probationary firefighter, with his lieutenant
15 at his side.
16 It made it even more profound as we
17 see our police officers and our firefighters
18 on a daily basis who put on that uniform and
19 go to work and never quite know what kind of
20 day they're going to have and whether or not
21 they're going to even return.
22 So we have this resolution, which
23 is a very small way that we can somewhat
24 acknowledge the life of someone who is a
25 resident in Westchester County, served us in
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1 Engine Company 75 in the Bronx. He is
2 survived by his parents, Michael and Monica
3 Reilly, his brother, Kevin, and his sister,
4 Erin.
5 The family suffered a tremendous
6 loss. The family of firefighters suffered a
7 tremendous loss. The family of uniformed
8 service workers who protect us every day all
9 shared that loss. And we today join with
10 their family members and all of their brothers
11 and sisters across this state in mourning his
12 death and celebrating his bravery and life,
13 the bravery and life of firefighter Michael
14 Reilly.
15 Thank you, Mr. President.
16 ACTING PRESIDENT MAZIARZ: Thank
17 you, Senator Spano.
18 The question is on the resolution.
19 All in favor signify by saying aye.
20 (Response of "Aye.")
21 ACTING PRESIDENT MAZIARZ:
22 Opposed, nay.
23 (No response.)
24 ACTING PRESIDENT MAZIARZ: The
25 resolution is adopted.
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1 Senator Skelos.
2 SENATOR SKELOS: Mr. President,
3 if we could open that resolution to
4 cosponsorship. If any member wishes not to
5 cosponsor the resolution, they should notify
6 the desk.
7 Mr. President, there's a resolution
8 at the desk, 6374, by Senator Larkin. Could
9 we have the title read and move for its
10 immediate adoption.
11 ACTING PRESIDENT MAZIARZ: The
12 Secretary will read.
13 THE SECRETARY: By Senator
14 Larkin, Legislative Resolution Number 6374,
15 memorializing Governor George E. Pataki to
16 proclaim Friday, September 29, 2006, as Orange
17 County Veterans Memorial Day in the State of
18 New York.
19 ACTING PRESIDENT MAZIARZ: The
20 question is on the resolution. All in favor
21 signify by saying aye.
22 (Response of "Aye.")
23 ACTING PRESIDENT MAZIARZ:
24 Opposed, nay.
25 (No response.)
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1 ACTING PRESIDENT MAZIARZ: The
2 resolution is adopted.
3 Senator Skelos.
4 SENATOR SKELOS: Mr. President,
5 if we could open that up for cosponsorship.
6 Anybody who wishes not to cosponsor the
7 resolution should notify the desk.
8 There's a resolution at the desk,
9 Mr. President, Resolution 6402, by Senator
10 Maltese. If we could have the title read and
11 move for its immediate adoption.
12 ACTING PRESIDENT MAZIARZ: Any
13 member wishing not to be on that last
14 resolution please report to the desk.
15 The Secretary will read Senate
16 Resolution 6402.
17 THE SECRETARY: By Senator
18 Maltese, Legislative Resolution Number 6402,
19 honoring the members of the Fire Department of
20 the City of New York and the Port Authority of
21 New York and New Jersey for their sacrifices
22 made on September 11, 2001.
23 ACTING PRESIDENT MAZIARZ: The
24 question is on the resolution. All in favor
25 signify by saying aye.
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1 (Response of "Aye.")
2 ACTING PRESIDENT MAZIARZ:
3 Opposed, nay.
4 (No response.)
5 ACTING PRESIDENT MAZIARZ: The
6 resolution is adopted.
7 Senator Skelos.
8 SENATOR SKELOS: If we could open
9 it up for cosponsorship, please.
10 ACTING PRESIDENT MAZIARZ: The
11 resolution is opened up for cosponsorship.
12 Any member not wishing to be on the resolution
13 should report to the desk.
14 Senator Skelos.
15 SENATOR SKELOS: Mr. President,
16 if we could just stand at ease for about
17 30 seconds.
18 ACTING PRESIDENT MAZIARZ: The
19 Senate will stand at ease.
20 (Whereupon, the Senate stood at
21 ease at 3:20 p.m.)
22 (Whereupon, the Senate reconvened
23 at 3:23 p.m.)
24 ACTING PRESIDENT MAZIARZ: The
25 Senate is called back to order.
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1 Could we please have some order in
2 the room. We have a most important
3 resolution.
4 Senator Bruno.
5 SENATOR BRUNO: Mr. President, I
6 believe I have a privileged resolution at the
7 desk, Number 6396.
8 ACTING PRESIDENT MAZIARZ: The
9 Secretary will read.
10 SENATOR BRUNO: In its entirety.
11 ACTING PRESIDENT MAZIARZ: In its
12 entirety.
13 SENATOR BRUNO: And I would then
14 move for its immediate adoption.
15 ACTING PRESIDENT MAZIARZ: Thank
16 you, Senator Bruno.
17 Could we please have some order.
18 THE SECRETARY: By Senator Bruno,
19 Legislative Resolution Number 6396,
20 congratulating the East Greenbush/Castleton
21 Little League 9-and-10-year-old All-Star Team
22 upon the occasion of capturing the 2006
23 New York State Championship.
24 "WHEREAS, Athletic competition
25 enhances the moral and physical development of
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1 the young people of this state, preparing them
2 for the future by instilling in them the value
3 of teamwork, encouraging a standard of healthy
4 living, imparting a desire for success, and
5 developing a sense of fair play and
6 competition; and
7 "WHEREAS, Attendant to such
8 concern, and in full accord with its
9 long-standing traditions, it is the sense of
10 this Legislative Body to congratulate the East
11 Greenbush/Castleton Little League
12 9-and-10-year-old All-Star Team upon the
13 occasion of capturing the 2006 New York State
14 Championship; and
15 "WHEREAS, On the way to the 2006
16 New York State Championship, the East
17 Greenbush/Castleton Little League
18 9-and-10-year-old All-Star Team secured the
19 New York State District 14 and Section 2
20 championships, and outscored its opponents
21 129-11, to finish with an 11-0 record; and
22 "WHEREAS, The athletic talent
23 displayed by this team is due in great part to
24 the efforts of Manager Tom Hall and Coach
25 Steve Casavant, skilled and inspirational
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1 tutors who have done a superb job in guiding,
2 molding and inspiring the team members toward
3 their goals; and
4 "WHEREAS, Loyally and
5 enthusiastically supported by family, fans,
6 friends and the community at large, the
7 members of the East Greenbush/Castleton Little
8 League 9-and-10-year-old All-Star team have
9 clearly made a contribution to the spirit of
10 excellence which is a tradition of Rensselaer
11 County; and
12 "WHEREAS, Sports competition
13 instills the values of teamwork, pride and
14 accomplishment, and the outstanding athletes
15 on the East Greenbush/Castleton Little League
16 9-and-10-year-old All-Star Team have clearly
17 proven themselves to be a reflection of those
18 values; and
19 "WHEREAS, It is the sense of this
20 Legislative Body that when young people who
21 represent their community with pride and
22 determination while participating in
23 competitive sports are brought to our
24 attention, they should be celebrated and
25 recognized by all the citizens of the great
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1 State of New York; now, therefore, be it
2 "RESOLVED, That this Legislative
3 Body pause in its deliberations to
4 congratulate the East Greenbush/Castleton
5 Little League 9-and-10-year-old All-Star team,
6 its members -- Tyler Casavant, Kyle Gronostaj,
7 Kyle Hall, Ryan Henchey, T.J. Hickey, Zach
8 Kivitz, Jack Masseroni, Ryan Puentes, Tyrell
9 Ramsey, Jimmy Smith, Kevin Smith, and Mark
10 Uhlig -- Coach Steve Casavant, and Manager Tom
11 Hall upon the occasion of capturing the 2006
12 New York State Championship; and be it further
13 "RESOLVED, That copies of this
14 resolution, suitably engrossed, be transmitted
15 to the East Greenbush/Castleton Little League
16 9-and-10-year-old All-Star Team, Coach Steve
17 Casavant and Manager Tom Hall."
18 ACTING PRESIDENT MAZIARZ:
19 Senator Bruno.
20 SENATOR BRUNO: Mr. President and
21 colleagues, you just heard about a
22 championship team. Now, I want you to know
23 that it is my privilege to be the Senator of
24 this championship team. And you do me a great
25 honor by being state champs. And I know
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1 you're out there.
2 Now, I want to think about this.
3 Tom, I know that you will be -- Neil, these
4 are neighbors of yours right here. Right?
5 Right there. See them? They're
6 9-and-10-year-olds.
7 Now, think about this. They won 11
8 games straight in the sections to get to the
9 championships. And then -- where's Senator
10 Maltese? They defeated your team, I'm sorry,
11 right here.
12 (Laughter.)
13 SENATOR BRUNO: And on their way,
14 they scored 129 runs against 11. Think of
15 that. Sorry, Senator, they defeated your team
16 9 to 2. Right?
17 And look at them. They had a
18 batting average of .414. That's almost one
19 for two.
20 You are All-Stars. You are
21 champions. And this resolution is going to be
22 part of the history of this state. And when
23 you go on doing the kinds of things that
24 you're doing, with the support of your
25 parents, your friends, Tom Hall, your manager,
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1 Steve Casavant, who's here, you are going to
2 continue the great tradition of being a
3 champion. You're champions, state champs.
4 That is some accomplishment and some honor.
5 But you know what's important?
6 They're dedicated, they're committed, they're
7 enthusiastic. They're good, young citizens.
8 Good students. Good friends. Good children.
9 Your parents are proud of you. Your teachers
10 are proud of you. You know what? I'm proud
11 of you. And everybody in this chamber is
12 proud of you.
13 So congratulations to your parents
14 and to all of you. Now you go on with your
15 life, as you go on through school, you
16 continue to do the kinds of things that make
17 you individually champions. And by working
18 together, as a team, you become team
19 champions. And that's what makes our lives
20 what they are: working together, supporting
21 each other, being the best that you can be.
22 So right now you're the best that
23 you can be as the champions of New York State
24 in your league. Congratulations to all of
25 you, and God bless you.
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1 Thank you, Mr. President.
2 ACTING PRESIDENT MAZIARZ: Thank
3 you, Senator Bruno.
4 The question is on the resolution.
5 All in favor signify by saying aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT MAZIARZ:
8 Opposed, nay.
9 (No response.)
10 ACTING PRESIDENT MAZIARZ: The
11 resolution is adopted.
12 Congratulations very much, boys.
13 We appreciate you being here today.
14 (Applause.)
15 ACTING PRESIDENT MAZIARZ:
16 Senator Bruno.
17 SENATOR BRUNO: And,
18 Mr. President, can we at this time return to
19 reports of standing committees.
20 I believe there's a report from the
21 Judiciary Committee, and I would ask that it
22 be read at this time.
23 ACTING PRESIDENT MAZIARZ: The
24 Secretary will read.
25 THE SECRETARY: Senator
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1 DeFrancisco, from the Committee on Judiciary,
2 reports the following nomination.
3 As an Associate Judge of the Court
4 of Appeals, Honorable Eugene F. Pigott, Jr.,
5 of Grand Island.
6 ACTING PRESIDENT MAZIARZ:
7 Senator DeFrancisco.
8 SENATOR DeFRANCISCO: I rise to
9 proudly move the nomination of Eugene F.
10 Pigott, Jr., of Grand Island, as associate
11 judge of the Court of Appeals.
12 We had a Judiciary Committee
13 meeting yesterday, we have reviewed his
14 qualifications, and the nominee was
15 recommended unanimously by that committee to
16 the full Senate for his confirmation.
17 Briefly, I would just like to say
18 that I've known Judge Pigott. I know not only
19 that he is an excellent judge, an excellent
20 lawyer, but an excellent and wonderful person
21 with integrity that we need on the bench.
22 I particularly applaud the
23 Governor's appointment because Judge Pigott
24 has common sense, good experience from
25 actually being in the trenches to try cases.
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1 And I think that's a quality that all judges
2 should have that are passing upon the results
3 of various trials that take place in courts
4 below.
5 He is a man of integrity and a man
6 that we really are proud to recommend to the
7 full Senate.
8 And to second that nomination, I
9 would like to call on Senator Dale Volker.
10 ACTING PRESIDENT MAZIARZ: Thank
11 you, Senator DeFrancisco.
12 Could we just have a little bit of
13 order in the room, please.
14 Senator Bruno.
15 SENATOR BRUNO: Thank you,
16 Mr. President. Thank you, Senator.
17 I am just going to add a comment to
18 Judge Pigott and really commend the Governor
19 for such a fine selection of an outstanding
20 individual who has in his life so far
21 accomplished some great things.
22 And he probably couldn't have done
23 those great things without his wife, Peggy,
24 who is there by his side; without his
25 daughter, Martha, that's there on his left;
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1 and without his son, Captain David Pigott, who
2 is at this time in Iraq and we hope maybe on
3 the Internet, following this proceeding.
4 This is a distinguished family,
5 this is a distinguished gentleman, this is a
6 man who has excelled in his life in public
7 service. And we are really proud to have this
8 nomination on the floor.
9 And I know that all of us here will
10 be proud to be supportive and to see you go
11 on, Judge, in the great work that you have
12 been doing in the great tradition of the
13 judges of the Court of Appeals in this state,
14 who most of the time make great decisions and
15 right decisions. And on occasions they do
16 some things that may need your diligence and
17 your review, but that will come with time.
18 Thank you very much and
19 congratulations to you. God bless you and
20 your family and your work. Thank you to your
21 son for his valor and his bravery and being in
22 service just keeping people free throughout
23 the world. You can be proud of him, as you
24 are of your daughter, who I know is an
25 outstanding individual, and your wife. You
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1 have a great family, and you are an
2 outstanding individual.
3 Thank you, Mr. President.
4 ACTING PRESIDENT ROBACH: Thank
5 you, Senator Bruno.
6 Senator Paterson.
7 SENATOR PATERSON: Thank you,
8 Mr. President.
9 I just wanted to add my voice to
10 Senator Bruno's, who certainly complimented
11 Judge Pigott and spoke well of the Court of
12 Appeals. Listening to his comments, I got the
13 feeling Senator Bruno thought that he should
14 be nominated to the Court of Appeals today.
15 But as good an idea as that might be, short of
16 it, I think Judge Pigott will serve with
17 distinction.
18 Judge Pigott was going to be
19 speaking and attending a dinner in Rochester
20 this evening, and he told them that he had to
21 come down to be confirmed today, and they
22 said, "Well, Senator Paterson is going to be
23 there." So Judge Pigott is going to try to
24 get back up to Rochester as soon as he can,
25 and then, just to make sure that he doesn't
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1 get there and get further agitated by my acts
2 today, I will be there as well.
3 But for a long period of time in
4 the Appellate Division, the judge has served
5 with distinction. This is certainly a fine
6 nomination by the Governor.
7 I just wanted to clear up the fact
8 that we are not in any way impugning the
9 reputations or the great work of any of the
10 outstanding appointments that have been made
11 to the Court of Appeals, to the Appellate
12 Division, or anyone else. But we're just
13 pointing out that, as the famous inscription
14 on the great courthouse in New York: "The
15 administration of justice is the firmest
16 pillar of good government."
17 And the administration of justice
18 has to include all the talented people around
19 the state who happen to be women, half of the
20 state's population; happen to be
21 African-American, 16 percent of the state's
22 population; happen to be Hispanic, 15 percent
23 of the state's population, or Asian, 9 percent
24 of the state's population.
25 There is great talent, great
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1 ability, great service, great distinction, and
2 certainly documented evidence of it in
3 candidates all around this state. We are just
4 arguing that they be considered so that they,
5 who have that kind of talent, can serve all
6 along with those of outstanding talents such
7 as Judge Pigott.
8 And my congratulations go out to
9 him. I never met the judge's son, but I have
10 met his very lovely wife and daughter earlier
11 today, and I know they're proud of him. And
12 he will make this state even more proud of him
13 than we've been to this point because of his
14 outstanding service that rendered this
15 nomination today.
16 Thank you, Mr. President.
17 ACTING PRESIDENT ROBACH: Senator
18 Volker.
19 SENATOR VOLKER: Mr. President.
20 And I can't deny that this is a very proud day
21 for myself and for Western New York.
22 There has been a hoax in Western
23 New York that there hasn't been a judge on the
24 Court of Appeals since Judge Jason, Matthew
25 Jason, who actually was the chief judge.
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1 A friend of mine and a former
2 Assemblyman -- I think he was from Western
3 New York -- Dick Wesley, who is a very close
4 friend of Gene's also, was a judge for a
5 while. But of course he was making such rapid
6 progress that he moved on to other things.
7 But the appointment of Gene Pigott
8 represents, in my opinion, another one of the
9 great appointments of Governor George Pataki.
10 And I've said this before, and I'm going to
11 say it again -- this is the last appointment,
12 barring some disaster or whatever, that
13 Governor Pataki will make on the Court of
14 Appeals -- I personally believe that -- I've
15 been in this house 32 years, 34 years in both
16 houses -- no governor has ever done as good a
17 job, in my opinion, with appointments as
18 George Pataki has.
19 The process, by the way -- it's a
20 little frustrating occasionally, because there
21 isn't the kind of guarantees there used to be
22 that if the Governor wants somebody, that he
23 can get them. I can assure you that, you
24 know, there's been a couple of incidents where
25 the person that George Pataki wanted was
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1 turned down by his own committee. But that's
2 part of democracy. I've often said some
3 people say there's too much democracy, but I
4 guess it depends on your perspective.
5 But Gene Pigott was one of a cadre
6 of people who were reviewed by the fitness and
7 selection committee, and despite the fact that
8 we had somebody yesterday who objected to the
9 process because she didn't know anything about
10 it -- unfortunately, who knew nothing about
11 the whole system, but that's beside the
12 point -- it's a great system. And we have
13 probably as good a judiciary as any place in
14 the nation.
15 But we do need somebody as
16 assistance on the Court of Appeals to make
17 sure that all the people in this state, in my
18 opinion, are represented. And we need
19 somebody who doesn't decide that he or she
20 should make decisions against the wishes of
21 the majority of people represented by the
22 Legislature.
23 I can only cite a Carter-appointed
24 judge in Michigan who may have impugned the
25 President of the United States' ability to
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1 secure this country with a decision on
2 wiretapping and so forth. It is not the place
3 of the judiciary to make decisions that
4 override generally accepted law. And I only
5 mention that because I think it's important.
6 But I will say this about Gene, and
7 I've known him for many, many years. In fact,
8 he became a judge because of the unfortunate
9 illness of a very close friend of mine, Judge
10 Wolf, who is still around but very, very ill,
11 and the death of another very close friend of
12 mine lifted him to -- or the -- well, she died
13 a little after, later, Dolores Denman, who was
14 also very close to Gene and to all of us, who
15 was a classmate of mine in law school.
16 And I told the story about how I
17 admitted to the chief judge that actually
18 Dolores Denman was my choice for chief judge
19 of the Court of Appeals. But it was pretty
20 obvious why; we were great friends, and she
21 was a good person.
22 But Gene Pigott has always been a
23 model of judicial conduct. And he's very,
24 very popular with the judges in Western
25 New York. And that's not just the younger
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1 judges, because you must -- I assume that you
2 understand, those of you that practice law,
3 that there's sort of a diversity of
4 judgeships. And some of the older people get
5 a little crotchety sometimes about some of the
6 younger people that do things.
7 But Gene Pigott has always been a
8 person who will talk to everyone. In fact,
9 and I will say this, on several occasions
10 where he had decisions to make on cases, he
11 did call me and called other lawyers. One of
12 them that was mentioned was the $75 -- or the
13 increase in assigned counsel fees. And both
14 of us agreed with that, by the way, but the
15 law was otherwise. And he did say to me, "Are
16 you people in the Legislature going to do
17 that?" I said, "Don't worry, we'll take care
18 of it."
19 But my point was that even though
20 he realized that his own personal feeling was
21 on behalf of the litigants who were asking for
22 the changes, they wanted a judge to make the
23 changes rather than the Legislature. That's
24 not the way it's supposed to be done. And he
25 agreed with that, and he took care of it.
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1 So all I can say is that Gene is,
2 in my opinion, a true moderate. And I was
3 challenged by the idea of moderation by my
4 friend in front here. But by that I mean he's
5 a balanced person who I don't expect to always
6 make decisions, by the way, that I agree with.
7 Most people don't, but that's neither here nor
8 there.
9 But seriously, he's a person I
10 believe, though, that is fair and just and
11 will make decisions I think that, generally
12 speaking, this house will feel is proper for
13 the Court of Appeals.
14 And very important, Gene, I wish
15 you the best of luck. I also want to say from
16 my good friend and your good friend
17 Tom Reynolds, congratulations.
18 ACTING PRESIDENT ROBACH: Senator
19 Nozzolio.
20 SENATOR NOZZOLIO: Mr. President,
21 on the nomination.
22 Mr. President and my colleagues, I
23 rise with great pride in endorsing
24 wholeheartedly Governor Pataki's nomination of
25 Judge Gene Pigott to the United -- to the
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1 New York State Court of Appeals. Got ahead of
2 myself.
3 It's interesting that Governor
4 Pataki's first appointment to the Court of
5 Appeals, Dick Wesley, a number of years ago
6 was from the Fourth Department, and Gene
7 Pigott, our nominee today, is from the Fourth
8 Department. And as Senator Volker indicated,
9 this very well could be the Governor's last
10 appointment. So that's a nice sandwich for
11 Western New York.
12 And that certainly we look to
13 Judge Pigott as being certainly extremely well
14 qualified for this position, but, as
15 importantly, he has earned this position. He
16 has earned the right to go to the Court of
17 Appeals because he's been an outstanding judge
18 at the trial court level, at the appellate
19 court level. He understands the court system
20 and, more importantly to us, understands
21 Western New York.
22 That I am very proud that he has
23 been chosen for this important position. I
24 know he will serve with great distinction and
25 that he does us all honor. We're proud to
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1 know him and very proud that this nomination
2 is moving forward.
3 Thank you, Mr. President.
4 ACTING PRESIDENT ROBACH: Thank
5 you, Senator Nozzolio.
6 Senator Smith.
7 SENATOR MALCOLM SMITH: Thank
8 you, Mr. President. On the nomination.
9 I rise to support the nomination of
10 Justice Gene Pigott, who clearly has had a
11 distinguished record in the Appellate
12 Division.
13 But more importantly than that, in
14 addition to being a Vietnam vet -- of course
15 which we all know is near and dear to many of
16 the members in this chamber -- I will tell you
17 that I knew he had humility when I ran into
18 him in the cafeteria today. And there he was,
19 by himself -- I think his wife was with him.
20 They were strolling through the cafeteria like
21 they were workers up in here in the chamber.
22 And you would have never known this is a
23 gentleman who was about to become appointed to
24 the highest court in the State of New York.
25 And it was then that I recognized that that
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1 kind of humility will only do the bench well.
2 But I would be remiss also,
3 Mr. President, if I didn't at least, for the
4 record and to my colleagues who are here,
5 underscore what Senator Paterson also raised
6 earlier. And that is the importance, as we go
7 forward, in terms of diversity on the bench.
8 While we obviously know that we are
9 not the ones that hand up names to the
10 commission, who hands it to the Governor, we
11 do have the authority to either vote yea or
12 nay on those particular nominees. And it is
13 very clear to me, given the way things are on
14 the Court of Appeals as of right now, there
15 will be a tremendous void with regard to
16 diversity.
17 And therefore it is my hope that as
18 we move forward we'll be very sensitive to
19 that issue. Sensitive because, as you know,
20 the public clearly will have more confidence
21 in our justice system if they recognize that
22 there is a bench that is rich with the same
23 diversity that we have in the State of
24 New York.
25 We have 55 appellate justices in
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1 the State of New York, two of which are
2 African-American, two of which are Hispanic,
3 one of which is Asian. And clearly that being
4 the back bench for the Court of Appeals in
5 terms of where they are selected from, it
6 becomes critically important that that
7 particular Appellate Division represents what
8 we have as a rich diversity in the State of
9 New York.
10 But I am proud to support the
11 nominee. I think he will do a great job. And
12 I'm quite sure his wife is happy that this day
13 has come.
14 Congratulations to you, Judge.
15 Peggy, also to you too.
16 ACTING PRESIDENT ROBACH: Thank
17 you, Senator Smith.
18 Senator Rath.
19 SENATOR RATH: Thank you,
20 Mr. President.
21 I rise to support the Governor's
22 nomination and congratulate the Governor on
23 such a wise choice.
24 I am happy to see Peggy,
25 Mrs. Pigott here and Martha here, neighbors
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1 and friends from Western New York.
2 Judge Pigott and I started out
3 together many years ago. And Gene was
4 always -- pardon me for calling you Gene, but
5 that's what it is -- always smarter than the
6 rest of us and worked harder than the rest of
7 us.
8 And in his very first venture into
9 public life, he was not successful. And so
10 you see what happens to people who are not
11 successful on their first venture; they ascend
12 to the highest court. You see those were
13 successful on their first venture, we labor in
14 the fields.
15 And that's not saying that the
16 judge will not be laboring in the fields,
17 because I know his work ethic. And he will be
18 laboring in the fields.
19 And as you know, I was married to a
20 judge, a Supreme Court judge, who, when Gene
21 Pigott ascended to the bench, was delighted
22 because he knew that there was someone of
23 judicial temperament. And however the
24 decisions came out in my husband's opinion was
25 one thing, but if you have judicial
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1 temperament and a respect for the law and the
2 bench and the bar, that was critical.
3 And I've heard that reflected in
4 the comments of others. Senator Smith just a
5 moment ago said something that reflected that
6 thought, and Senator Volker and Senator
7 Nozzolio reflected those thoughts.
8 His experience is far and deep
9 beyond -- before the bench, county attorney,
10 clerk of the county legislature. I remember
11 the days well. And so I know from work ethic
12 as to what we're going to see from this judge.
13 And I'd like to read you just a
14 small piece that appeared in the Buffalo News
15 today, and these are Gene Pigott's own words:
16 "'I don't think I'm much smarter than this
17 body or any other court,' said Pigott,
18 pointing out unpopular decisions he has made
19 because a law may have expired. He added that
20 statutes passed by the Legislature have to 'be
21 the basis of any decision we make.'"
22 I think that's reassuring to
23 legislators, Judge Pigott. And I know that
24 there are decisions that you have made that I
25 have not agreed with. But what I do know
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1 beyond that is that I trust you, I trust your
2 personal decisions, I trust how thoughtful you
3 will be as you come to those decisions because
4 I know you well. And that gives me great
5 confidence that you will serve with
6 distinction on the bench.
7 And I would say, in closing, number
8 one, Judge Pigott does not take himself too
9 seriously, we know that. And that's part of
10 his judicial temperament. But what I do know
11 is that you take the law and your
12 responsibility to the people of the State of
13 New York very seriously.
14 Congratulations. We are happy that
15 you're going to be serving in this position.
16 ACTING PRESIDENT ROBACH: Senator
17 Maziarz.
18 SENATOR MAZIARZ: Thank you very
19 much, Mr. President.
20 I too rise, along with my
21 colleagues, in support of this nomination.
22 I've known Judge Pigott for a
23 number of years in Western New York. He's
24 fair, he's honest, has a high degree of
25 integrity. An excellent appointment by the
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1 Governor to the court.
2 Judge, when one of the clerks said
3 to me -- they asked me if I thought that you
4 would be a little bit upset by the fact that
5 we had to do the East Greenbush Little League
6 resolution before we did a nomination to the
7 Court of Appeals. I said, "No, Judge Pigott
8 worked in the Erie County legislature. He'll
9 understand this stuff that goes on here."
10 But again, I want to congratulate
11 Judge Pigott, most particularly his family,
12 and most particularly his son David, who's
13 watching via the Internet in Iraq today.
14 And, Judge, you were here on a very
15 difficult day for us with the resolution that
16 we had. And I would just ask you, Judge,
17 during the confirmation process yesterday in
18 front of the Senate Judiciary Committee one of
19 the people who testified in your behalf talked
20 about the importance that you placed upon
21 legislative intent when you made your
22 decisions during the course of your legal
23 career.
24 And I would only implore you to
25 remember the victims of crimes. I think all
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1 too often victims or their families, in the
2 instances when someone is murdered, they look
3 to the court. It's their only place that they
4 can look to for justice for those individuals
5 who are no longer here.
6 And I would just ask you that in
7 the weighty decisions that you have coming
8 before you in the future on the court that you
9 keep those individuals in mind. A lot of
10 those people have a rather low economic
11 station in life. They're not professors,
12 doctors, lawyers, senators; they're not in
13 public service. But they're human beings, and
14 they deserve justice just like everyone else.
15 So I would only implore you and ask
16 you, and I know that you will, from your past
17 record, keep those victims of crimes in mind.
18 Mr. President, I wholeheartedly
19 endorse this nomination. Thank you.
20 ACTING PRESIDENT ROBACH: Thank
21 you, Senator Maziarz.
22 Senator Stachowski.
23 SENATOR STACHOWSKI: Thank you,
24 Mr. President. I too rise to second the
25 nomination of Justice Pigott.
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1 And I think that he'll do a
2 marvelous job. In talking to judges and
3 lawyers, they all had nothing but good things
4 to say about him, which is surprising on its
5 own. I didn't hear anybody say anything bad.
6 I know Justice Pigott since he was
7 in the county legislature, which goes back
8 quite a ways. And more important than all his
9 decisions, I'm proud to say that Judge
10 Pigott's my friend, and I'm glad to see him
11 get this position.
12 And piggybacking off something
13 Senator Maziarz alluded to, and Senator
14 Volker, I think it's a great comment to say
15 that here's a judge that says that legislative
16 intent is very important to him, and the
17 Governor sent him up anyway.
18 (Laughter.)
19 SENATOR STACHOWSKI: So the fact
20 is I think that Judge Pigott will do a great
21 job, and I'm proud to have had the opportunity
22 to second his nomination.
23 ACTING PRESIDENT MAZIARZ: Any
24 other Senator wishing to speak on the
25 nomination?
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1 On the nomination of Eugene F.
2 Pigott, Jr., as an associate judge of the
3 Court of Appeals, all in favor signify by
4 saying aye.
5 (Response of "Aye.")
6 ACTING PRESIDENT MAZIARZ:
7 Opposed, nay.
8 (No response.)
9 ACTING PRESIDENT MAZIARZ: Judge
10 Pigott is hereby confirmed as an associate
11 judge of the Court of Appeals.
12 I want to introduce Judge Pigott,
13 his wife, Peggy, daughter, Martha, and his
14 son -- most importantly, his son, David, who
15 is watching these proceedings in Iraq.
16 Judge, congratulations.
17 (Standing ovation.)
18 ACTING PRESIDENT MAZIARZ:
19 Senator Skelos.
20 SENATOR SKELOS: Mr. President,
21 there will be an immediate meeting of the
22 Rules Committee in the Majority Conference
23 Room, and the Senate will stand at ease
24 pending the report of the Rules Committee.
25 ACTING PRESIDENT MAZIARZ:
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1 There's an immediate meeting of the Senate
2 Rules Committee in the Majority Conference
3 Room, and the Senate will stand at ease
4 pending the return of the Rules Committee
5 report. Thank you.
6 (Whereupon, the Senate stood at
7 ease at 3:55 p.m.)
8 (Whereupon, the Senate reconvened
9 at 4:01 p.m.)
10 SENATOR SKELOS: Mr. President.
11 ACTING PRESIDENT ROBACH: Senator
12 Skelos.
13 SENATOR SKELOS: Mr. President,
14 if we could return to reports of standing
15 committees, I believe there's a report of
16 Rules Committee at the desk. I ask that it be
17 read at this time.
18 ACTING PRESIDENT ROBACH:
19 Reports of standing committees.
20 The Secretary will read.
21 THE SECRETARY: Senator Bruno,
22 from the Committee on Rules, reports the
23 following bill direct to third reading:
24 Senate Print 8482, by Senator
25 Libous, an act to amend the Insurance Law.
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1 SENATOR SKELOS: Move to accept
2 the report of the Rules Committee.
3 ACTING PRESIDENT ROBACH: All in
4 favor of accepting the report of the Rules
5 Committee signify by saying aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT ROBACH: Any
8 opposed, nay.
9 (No response.)
10 ACTING PRESIDENT ROBACH: The
11 report is accepted.
12 SENATOR BRUNO: Mr. President.
13 ACTING PRESIDENT ROBACH: Senator
14 Bruno.
15 SENATOR BRUNO: Can we have,
16 noncontroversial calendar, the reading of
17 2267.
18 ACTING PRESIDENT ROBACH: The
19 Secretary will read.
20 THE SECRETARY: Calendar Number
21 2267, by Senator Libous, Senate Print 8482, an
22 act to amend the Insurance Law, in relation to
23 enacting Timothy's Law.
24 ACTING PRESIDENT ROBACH: Read
25 the last section.
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1 THE SECRETARY: Section 8. This
2 act shall take effect on the first of January
3 next succeeding.
4 ACTING PRESIDENT ROBACH: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT ROBACH: Senator
8 Bruno, to explain your vote.
9 SENATOR BRUNO: Mr. President and
10 colleagues, the piece of legislation that is
11 before us is one of the most important pieces
12 of legislation that we will act on this year
13 and into next year that will affect hundreds
14 of thousands of people's lives. This is the
15 bill, Timothy's Law, that creates parity,
16 parity for mental illnesses, as they are
17 described, with physical ailments.
18 It's long overdue. We've been
19 working on this diligently for twenty-some
20 years, very difficult to get to a responsible
21 and reasonable place. But we've done it, with
22 the leadership of our sponsor, Tom Libous,
23 with the leadership of our chair of Mental
24 Health, Tom Morahan, and with the leadership
25 of Tom O'Clair and the advocates, many of whom
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1 you see here with us today.
2 Without Tom, without your support,
3 we wouldn't have agreement with the Assembly
4 and hopefully with the Executive. I have
5 talked to the Governor again since we had our
6 press conference. The Governor will review
7 this bill.
8 I thought that the Governor was not
9 sure as to what happened in the last day or
10 two when we were here in June, because you
11 were working, as you remember, into the early
12 hours of the morning to get agreement. We
13 have agreement. And the Governor will review
14 the bill; the Assembly said they will pass it.
15 Tom, who's here with us -- we have
16 Tom, Tom Libous; Tom O'Clair; Tom Morahan --
17 has, with his associates, spent hours and
18 hours and hours over the years, in the halls,
19 on weekends, everywhere, to help make this
20 happen. And as I've said, it is overdue.
21 We're just happy and proud.
22 And Tom, Senator Tom Duane, who was
23 there in the forefront, helping get agreement.
24 Getting agreement on something like
25 this -- which many people see as
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1 counterproductive by driving people with
2 escalating rates, potentially, to the
3 uninsured. And that's the big open question.
4 We believe that we have a compromise here that
5 works for everybody and that gives the help
6 that people need.
7 If you have a mental disability,
8 it's the same as having a physical disability.
9 And all that we're trying to do now is create
10 equality so that people can enjoy a quality of
11 life as people deserve.
12 Thank you, Mr. President.
13 ACTING PRESIDENT WINNER: Thank
14 you, Senator Bruno.
15 Senator Libous, to explain his
16 vote.
17 SENATOR LIBOUS: Thank you,
18 Mr. President.
19 Mr. President and my colleagues, on
20 March 16, 2001, Timothy O'Clair took his life.
21 Timothy O'Clair suffered from oppositional
22 defiant disorder, major depression, and severe
23 attention deficit disorder.
24 Timothy O'Clair is one of thousands
25 of New Yorkers who suffer from mental
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1 illness -- who suffered from mental illness
2 and who presently today suffer from mental
3 illness. They have not had the same kind of
4 coverage as other individuals who are able to
5 get care, and in many cases the outcome is a
6 tragic one, as in the case of Timothy's.
7 Over the past seven or eight years,
8 when I first chaired the Committee on Mental
9 Health and began working on this bill with the
10 advocates, with Tom and Donna O'Clair, the
11 parents of Timothy, we tried to strike a
12 balance, one that would help people with
13 mental illness in the State of New York, one
14 that would be more comprehensive than maybe
15 what other states have had. And certainly
16 during that time we had our difficulties, we
17 had our disagreements.
18 But on the floor today,
19 Mr. President, is legislation that is long
20 overdue, that has come because of the
21 leadership of the O'Clairs, the leadership of
22 the advocates, and certainly the help of
23 Senator Bruno and certainly colleagues like
24 Chairman Morahan of the Mental Health
25 Committee and all of us in this room. And I
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1 know the persistency of Senator Duane, who had
2 been working and even was very helpful in the
3 negotiations toward the end.
4 What we now have in New York State
5 is mental health parity, mental health parity
6 in a bill that is called Timothy's Law to
7 honor Timothy O'Clair, to give people with
8 biological mental health illnesses the
9 opportunity to receive care.
10 And what our bill does,
11 Mr. President, which goes further than many of
12 the other states, is that it provides coverage
13 for children under 18 years of age with
14 serious causes of attention deficit disorder,
15 disruptive behavior disorders, and a whole
16 host of mental illnesses that are outlined in
17 this bill.
18 Now, there has been a lot of
19 discussion throughout the history of trying to
20 come to this great compromise to put this
21 legislation together and talk about what are
22 the costs. Well, unfortunately, we had in
23 this case a very, very severe cost. We had
24 the loss of the life of a young man, who was
25 not given an opportunity because we did not
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1 have sufficient care and coverage for care
2 that he needed in this state.
3 So I would hope that those who
4 continue to worry about the cost could only
5 look back on what happened to Timothy O'Clair
6 and use his short life as kind of a model, as
7 guidance for those who are afflicted with
8 mental illness, for those young people, as Tim
9 was, or adults who need the care, who need the
10 coverage, who need an opportunity to live a
11 normal life.
12 Now, mental health has had a stigma
13 in this state for a number of years, and it
14 continues to do that. But I hope,
15 Mr. President, that this legislation will
16 begin the first step of taking that stigma
17 away.
18 So to all of my colleagues here who
19 have been persistent -- and I know at times
20 it's been a difficult thing to come to a
21 compromise. But we've come to a great
22 balance, a balance with our colleagues in the
23 Assembly, and come together with a piece of
24 legislation that is better than almost every
25 other state, better than what other states
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1 have provided, and an opportunity here now to
2 protect those lives of people with mental
3 illness.
4 So I'm very pleased and very proud
5 to stand before you today and say that I vote
6 aye on this legislation that will, I hope, in
7 the name of Timothy O'Clair, begin to pull
8 away the horrible stigma of mental illness and
9 give opportunity and hope for folks who have
10 an illness that's very similar to any other
11 sickness or illness that we have in society
12 today.
13 ACTING PRESIDENT WINNER: Senator
14 Libous will be recorded in the affirmative.
15 Senator Morahan, to explain his
16 vote.
17 SENATOR MORAHAN: Thank you,
18 Mr. President.
19 You know, as we reflect today on
20 this accomplishment of teams working
21 together -- teams of staff, both sides of the
22 aisle, our Assembly colleagues, Senator
23 Libous, who led this fight for years -- we
24 can't lose track of those who fought early on
25 as pioneers for some recognition of the needs
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1 of the mental health community.
2 I speak of Senator Padavan, who
3 back in the '70s passed legislation in this
4 house that would force insurance companies to
5 provide riders.
6 At one time in this state you could
7 not again get the insurance if you wanted to
8 pay for insurance. You had to pay everything
9 out-of-pocket. And for those pioneers, those
10 who worked so hard for mental health in the
11 past, they ought to be applauded today as well
12 in this fight to get this parity bill to the
13 floor.
14 And while we had parity bills on
15 this floor before and we voted on them, we
16 didn't have the agreement of the advocates or
17 the Assembly. One of my credos was we must
18 move this forward. And to do that, we have to
19 look at our own positions and see what it is
20 about our positions that we could adjust or
21 modify. And I think all parties have done
22 that.
23 Our first concern about small
24 business, I think we've addressed that in a
25 very unique, creative way. And that's what it
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1 took. The advocates, as well, reviewed their
2 position and moved towards the center, if you
3 will. As did the Assembly, in the waning
4 hours in June when this session was coming to
5 a close.
6 And what we have before us today is
7 a unibill which outlines all of our Assembly
8 sponsors, our colleagues in the other house,
9 and our colleagues in the Senate who will
10 support this legislation today.
11 So as chairman of the Mental Health
12 Committee, I think this year, 2006, has been a
13 banner year for the mental health community, a
14 banner year for the Senate and the Assembly in
15 the innovative and broad legislation that we
16 brought to the table this year on rate bills
17 for housing, funding, in the joint conference
18 committees for mental health. And now this --
19 frankly, the cherry on top of the cake --
20 something that was fought so hard and so long
21 by so many came to us today in a bill that all
22 can support.
23 So I'm delighted to also cast my
24 vote and give great commendations to Senator
25 Libous for staying the course, to Senator
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1 Bruno for his leadership and willingness to
2 listen and understand the need and allow us to
3 move this bill to a point where, when the
4 Assembly comes back, it will be passed. When
5 it gets to the Governor, we pray it will be
6 signed.
7 Thank you. I cast my vote in the
8 affirmative. Thank you, Mr. President.
9 ACTING PRESIDENT WINNER: Senator
10 Morahan will be recorded in the affirmative.
11 Senator Robach, to explain his
12 vote.
13 SENATOR ROBACH: Yes,
14 Mr. President. Let me briefly say I'm happy
15 to rise and enthusiastically cast my vote in
16 the affirmative.
17 Certainly in so many ways I
18 think -- you know, someone mentioned the word
19 "stigma" attached to mental health. I'm glad
20 to say those days are over. These are people,
21 that -- our coworkers, our family members,
22 people in our community.
23 And I think if you surveyed
24 everyone -- certainly I worked with a fairly
25 young woman at one time, tremendously
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1 successful, who because of depression really
2 her life got turned upside down and went to
3 depths that no one could imagine. And only
4 with a lot of people advocating, steering,
5 getting the right treatment modalities, the
6 right medication, really brought her life
7 back. Luckily she had the resources and
8 people pulling for her. We should make that
9 the case for everyone today.
10 The advocates have worked very hard
11 on this -- I want to applaud them -- whether
12 it's been here in Albany, in Rochester, where
13 people are very active. I think we responded
14 to that call. We tried to make the pledge
15 that by the end of this session, this two-year
16 session, not a one-house bill but a two-house
17 bill, and we did that.
18 This is very important. These
19 things that will be covered, unlike even 10,
20 15, 20 years ago, aren't really strange. We
21 now know science, medical technology has
22 advanced. Depression, bipolar disorder,
23 schizophrenia, things of those nature really
24 can get treated successfully, almost without
25 exception these days.
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1 It is equally as important that we
2 are healthy in our mind as in our body. And
3 from a point of parity, equity, think of it --
4 you have a child who's physically very
5 healthy, you have living next door to you
6 someone who let's say is very active in
7 sports, is constantly getting injured. Every
8 single thing they do is covered, but your
9 child, your loved one historically may not
10 have been included in that.
11 I think as we look at how we make
12 New Yorkers holistically whole and healthy,
13 this is a great step in the right direction.
14 And I applaud all my colleagues for coming
15 together and getting this done in response to
16 the people who need it and to make our whole
17 community and state much healthier. I think
18 in the long run, while there will always be
19 some attached cost, it will not only save a
20 lot of emotional loss but it will even save a
21 financial gain, if you will, from productivity
22 and happier lives.
23 And again, very happy to cast my
24 vote in the affirmative.
25 ACTING PRESIDENT WINNER: Senator
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1 Robach will be recorded in the affirmative.
2 Senator DeFrancisco, to explain his
3 vote.
4 SENATOR DeFRANCISCO: Yes, I vote
5 in the affirmative and rise to congratulate
6 all those that were a part of this historic
7 legislation.
8 I don't think there's any person in
9 this chambers who doesn't have someone,
10 whether it's a family member or a close
11 friend, that's been affected by mental
12 illness.
13 And, you know, it's been difficult
14 over the years, as Tom O'Clair has been coming
15 here, to kind of justify why it's really taken
16 this long. But there was a balancing act that
17 had to be taken place so that by providing
18 this type of insurance we weren't creating
19 insurance policies that were so expensive that
20 others were becoming uninsured as a result.
21 And I think we've struck that
22 balance by protecting small businesses and
23 doing a study to make sure that we take care
24 of those additional costs, if any.
25 On a lighter note, now Tom will
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1 have other places he can go rather than the
2 Senate chambers. And also the other Tom, Tom
3 Duane, can now speak germanely on issues,
4 rather than go into other issues for this
5 particular purpose.
6 But congratulations to everyone.
7 It's a great day for those mental health
8 advocates and those suffering from mental
9 illnesses.
10 ACTING PRESIDENT WINNER: Senator
11 DeFrancisco will be recorded in the
12 affirmative.
13 Senator Duane for a rebuttal and to
14 explain his vote.
15 SENATOR DUANE: Thank you very
16 much, Mr. President.
17 I'm very happy to be here today.
18 And as I suspected and is being proven, I
19 guess everyone is very happy that I'm here
20 today to speak on Timothy's Law when we're
21 speaking on Timothy's Law.
22 (Laughter.)
23 SENATOR DUANE: And actually, you
24 know, our actions today are so much greater
25 than words could ever be. And it's a huge
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1 step. A huge step. But, you know, it's Tom:
2 Next couple of years we have to do addiction,
3 substance abuse. But -- but -- for today,
4 this is great. Absolutely great.
5 I want to thank, well, everyone.
6 Both sides, both houses. I want to thank
7 Senator Bruno for a whole host of things,
8 including and especially having an open door
9 on this issue. And to all the Toms -- Senator
10 Libous, Senator Morahan, Tom --
11 congratulations.
12 And also, you know, the leaders on
13 my side and everyone that backed me up in my
14 work here, and also all of the members on the
15 other side for, you know, letting me barge
16 into your offices and talk and talk and talk
17 about this, thank you.
18 Also the advocates, just an
19 amazing, an amazing, amazing job. Really.
20 Your hard work has really paid off for all
21 New Yorkers.
22 And there are very few moments in
23 my career here in the State Senate that will
24 compare to what's happening here today. And
25 it's really because of everybody in this
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1 chamber.
2 So from the bottom of my heart,
3 thank you. I vote yes.
4 (Applause.)
5 ACTING PRESIDENT WINNER: Senator
6 Duane will be recorded in the affirmative.
7 Senator Schneiderman, to explain
8 his vote.
9 SENATOR SCHNEIDERMAN: Thank you.
10 Thank you. I am pleased that we're doing
11 this. It is extraordinarily important, as
12 Senator Duane has said.
13 I am truly sorry that it took us so
14 long. I remember standing at the end of
15 another session and looking at Mr. O'Clair,
16 who was weeping, and just -- all I could think
17 to say was I'm sorry, I'm sorry we didn't get
18 this done.
19 And, you know, there's an
20 expression -- I'm glad everyone is
21 enthusiastic and in support of this this week.
22 But the expression is "Success has a thousand
23 mothers and failure is an orphan."
24 Throughout this period of time when
25 we've been trying to pass this bill -- and
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1 it's been very difficult to pass in this
2 house -- I do want to remind my colleagues
3 that sometimes you need to be a squeaky wheel.
4 And having been involved in some of these
5 debates over whether or not Senator Duane was
6 speaking within the germaneness rule or not --
7 which is sometimes, I think, applied on a
8 somewhat elastic basis -- that everyone wasn't
9 always so enthusiastic.
10 And Senator Duane I think deserves
11 a special thanks from all of us, because in
12 this Legislature we get criticized a lot for
13 not being willing to shake things up, not
14 being willing to stand up to the power
15 structures that exist. His persistence, his
16 consistency, and his compassion on this issue
17 are why we are here today passing the bill.
18 And sometimes, my colleagues on the
19 other side of the aisle, justice is more
20 important than germaneness, and sometimes
21 human life is more important than germaneness.
22 And this victory today is a victory for
23 consistency, persistence and passion on the
24 part of Senator Duane, as well as for all the
25 others who have helped. But we really do owe
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1 him a special debt of gratitude.
2 And more than anyone else, to the
3 O'Clairs, for taking your tragedy and turning
4 it into a life-saving victory for people all
5 across our state. Thank you, thank you, and
6 thank you.
7 I vote in the affirmative,
8 Mr. President.
9 ACTING PRESIDENT WINNER: Senator
10 Schneiderman will be recorded in the
11 affirmative.
12 Senator Padavan, to explain his
13 vote.
14 SENATOR PADAVAN: Thank you,
15 Mr. President.
16 There are five Senators currently
17 sitting in this chamber who were here in 1977
18 when a major piece of legislation was adopted
19 in this house and in the Assembly and became
20 law in January of '78.
21 Prior to that time, mental health
22 coverage was not available in any group plan
23 no matter what you wanted to do. You could
24 pay all the premiums you wanted to pay, if you
25 could afford it, and it wasn't there to be
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1 had.
2 That legislation mandated that all
3 insurance carriers, all the group plans, Blue
4 Cross and so on, must provide a rider, must
5 make it available, of course with the
6 additional premiums that it would involve.
7 The arguments against it then, that
8 legislation, were very similar to the ones
9 we've been hearing about the bill before us.
10 And I remember hearings we had across the
11 street, and the Business Council and others
12 sitting there and telling us that the sky was
13 going to fall, businesses were going to fail,
14 insurance costs would skyrocket. None of that
15 happened. None of that happened.
16 The argument made by the advocates
17 at the time were that people who have a mental
18 disability are not good employees. They have
19 high absenteeism. They have health problems
20 even beyond their mental illness. And
21 treating them makes good sense and is good
22 business. And even if a family member -- not
23 they themselves, but a family member has a
24 mental illness, you're worried about them --
25 your wife, your children -- and you're not a
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1 good employee. And in the long run, it's good
2 business to take care of this disability in
3 any way you can.
4 The same advocates then are here
5 today, in many respects, NAMI among them, and
6 others, who fought then for that legislation.
7 Now, of course, we have Timothy's
8 dad, who led the way here, as others have said
9 more eloquently than I can, and for such a
10 long period of time, with such passion, that
11 enable us to take this next giant step
12 forward.
13 And it's a tribute to Tom Libous
14 and the chairman of the Mental Health
15 Committee, Tom Morahan, and everyone else in
16 both houses who brought us to this point in
17 time.
18 I vote aye, Mr. President.
19 ACTING PRESIDENT WINNER: Senator
20 Padavan will be recorded in the affirmative.
21 Senator Seward, to explain his
22 vote.
23 SENATOR SEWARD: Thank you,
24 Mr. President. I rise to explain my vote.
25 First of all, I want to
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1 congratulate Senator Libous, Senator Morahan,
2 Senator Bruno and all those both in the
3 gallery and here on the floor who have worked
4 so hard, many countless hours, in developing
5 this compromise piece of legislation that is
6 before us today.
7 There's no question in my mind that
8 one's mental health is very closely aligned
9 with one's overall sense of health and
10 wellness, no question that the two are tied
11 together.
12 And whenever, of course, we address
13 that question of what is appropriately covered
14 in health insurance policies in New York
15 State, the question of the costs associated
16 with those benefits always has to be
17 considered. Because as we all know, as the
18 price of health insurance goes up, the number
19 of uninsured also go up in terms of those not
20 being able to afford the premium.
21 So there is, as others have alluded
22 to today, there is in fact a balancing act.
23 And this legislation before us does address
24 many of those concerns and does strike a
25 balance.
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1 Now, I continue to have some
2 concerns about the bill before us, what's
3 going to happen with those businesses, 51 to
4 100 or 200, those that have no other options
5 in terms of providing health insurance for
6 their employees. I have concerns about the
7 source of funding for those under 50 in terms
8 of covering their costs.
9 However, I'm going to support this
10 legislation because it's a two-year bill, a
11 two-year experiment. There's a study that's
12 required under the bill. I think in two years
13 this Legislature and all of us, from the
14 advocates to legislators, all those will be
15 able to assess the impact of the bill. And I
16 certainly hope and pray that it will be a
17 positive impact, and not only particularly for
18 those who need these services but for all
19 New Yorkers, employees, employers, and their
20 families alike.
21 I also will support the bill
22 because Assemblyman Grannis, my counterpart in
23 the Assembly, and I have agreed on the
24 language that would in fact set up a mandate
25 commission going forward that will give us a
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1 cost/benefit analysis of mandates going
2 forward so that we will know going in what the
3 true costs and benefits are of any proposed
4 mandates.
5 So with those thoughts,
6 Mr. President, I congratulate all those who
7 have worked so hard on this bill. I have some
8 reservations as chair of the Insurance
9 Committee, but I stand here to say that I
10 support this bill.
11 ACTING PRESIDENT WINNER: Senator
12 Seward will be recorded in the affirmative.
13 Senator Little, to explain her
14 vote.
15 SENATOR LITTLE: Thank you,
16 Mr. President.
17 I rise too to support this bill and
18 to congratulate Senator Bruno, Senators Libous
19 and Morahan for bringing this bill to the
20 floor and for being able to resolve the
21 differences that we have here.
22 Certainly this is a very needed
23 piece of legislation, but I also think that
24 it's among one of the most compassionate
25 pieces of legislation that we have passed.
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1 Maybe the second most compassionate, as
2 Senator Padavan pointed out.
3 In my years in the Legislature,
4 some of the most heartbreaking meetings that
5 I've had are meetings with parents of children
6 with mental illness. They feel so helpless.
7 It's such an unknown disease. There is no
8 pill, there is no vaccination for this. And
9 having to fight with insurance companies to
10 get the kind of treatment that their children
11 need is something that they shouldn't have to
12 endure.
13 So I support this bill. I thank
14 the advocates. It's their persistence and
15 patience and working to negotiate that has
16 brought this bill to the floor. And I think
17 that we can all be very proud of this day. I
18 vote aye.
19 ACTING PRESIDENT WINNER: Senator
20 Little will be recorded in the affirmative.
21 Senator Diaz, to explain his vote.
22 SENATOR DIAZ: Thank you,
23 Mr. President.
24 I came to this chamber in 2002.
25 And since I came here, every single session I
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1 saw Timothy's parents in the hallway handing
2 out literature, and saw Senator Thomas Duane
3 standing here, especially in this past
4 session. And Senator Duane used to stand up
5 on unrelated bills, but at the end he would
6 always say: "When are we going to pass
7 Timothy's Law?" He would push it.
8 So I am the ranking Minority member
9 in the Mental Health Committee, and I'm proud
10 and honored to work with Senator Morahan. And
11 I have learned a lot with him and with the
12 members of committee.
13 But to the parents of Timothy, and
14 to Thomas Duane, I'm going to give you a
15 biblical story that I compare with your
16 tenacity, your dedication, and your
17 persistence in getting something through.
18 The Bible says that there were a
19 judge, a very, very bad judge, and that there
20 was an old woman who happens to be a widow.
21 And that old woman, according to the Bible,
22 used to go in front of the judge asking for
23 justice. And the judge refused to see her.
24 And the lady, according to the Bible, day
25 after day she would go in front of the door of
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1 the judge: "Make me justice, make me justice,
2 make me justice." And the judge don't want to
3 make justice to that lady.
4 But the Bible says that because of
5 the lady's tenacity and insistence and the
6 constant knocking on the judge's door, the
7 judge said, "This lady got me already upset.
8 You know, I'm already losing my control. So
9 before I do something bad, let me do some
10 justice to this lady." And the lady got what
11 she wanted because of her tenacity and
12 dedication.
13 And I'm using that because I mean I
14 think that even Reverend Al Sharpton took from
15 that biblical passage the reading of "No
16 justice, no peace."
17 And you, the relatives of Timothy,
18 and you, Senator Thomas Duane -- and people
19 know that you and I don't really agree in too
20 many things, but today I tip my hat to you.
21 And I congratulate you, I
22 congratulate all the members of this chamber,
23 I congratulate Timothy's Law. You really,
24 really made us move. It was you and you that
25 made us move. And we're moving today, we're
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1 glad, but congratulations to you. And,
2 Senator Duane, I'm proud of you.
3 Thank you. I'm voting yes.
4 ACTING PRESIDENT WINNER: Thank
5 you, Senator.
6 Senator Diaz will be recorded in
7 the affirmative.
8 Senator Krueger.
9 SENATOR LIZ KRUEGER: Thank you,
10 Mr. President. On the bill.
11 I'm certainly glad to be able to be
12 here today to vote for this bill. And many
13 people have referenced the hard work of the
14 O'Clair family, of my colleague Senator Tom
15 Duane, of advocates all over the state.
16 But I also feel like I'm a little
17 bit in a reality-check zone here. Senator
18 Padavan mentioned that in 1978 this house
19 started to talk about the realities of mental
20 health as a real issue. And in 2006,
21 apparently we're still debating that we've
22 finally concluded that mental health is a real
23 type of health problem.
24 And yes, we're glad we're here and
25 you've worked so hard, but you've been angry.
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1 And I have to tell you I still feel angry even
2 though we're passing this bill, because it's
3 not the bill we all really wanted. And it's a
4 bill that covers some people if they have
5 insurance. But I'm angry that 15 percent of
6 New Yorkers don't have health insurance, so
7 this won't help them.
8 And I'm angry that we still haven't
9 passed a bill that would require health
10 insurance companies to justify their premium
11 increases, because I hear from small
12 businesses that they're concerned about their
13 increased costs. They should be concerned.
14 We all should be concerned. But we also still
15 have not moved legislation that would require
16 health insurance companies to explain their
17 premium costs.
18 We still, today, are not moving
19 legislation where other advocates have been
20 wandering through the halls, AARP, requiring
21 us to force the pharmaceutical companies to
22 document their costs to us for prescription
23 drugs, to disclose the amount of money they're
24 spending in gifts to allow themselves to
25 increase their profit margins, increasing the
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1 cost of healthcare perhaps not while
2 increasing healthcare delivery.
3 So this is a good day, and yet I
4 find myself angry because we should be
5 debating universal coverage. We shouldn't be
6 spending years and years and years negotiating
7 subsections of who might get covered by some
8 piece of insurance for their specific
9 healthcare needs. The State of New York
10 should move a universal model of healthcare.
11 And if we started talking about
12 mental health coverage in '78 and we're
13 passing a bill in 2006, I'm very worried about
14 our timeline expectations for a serious
15 discussion about what we do to ensure that all
16 New Yorkers have equal access to healthcare
17 when they need it, regardless of the type of
18 illness they're suffering from.
19 So I vote yes, and it is a good
20 day, and thank you for your hard work. But we
21 have not finished the assignment or come
22 anywhere near our responsibilities as
23 legislators. Thank you very much.
24 ACTING PRESIDENT WINNER: Senator
25 Krueger will be recorded in the affirmative.
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1 Senator Spano, to explain his vote.
2 SENATOR SPANO: Thank you,
3 Mr. President.
4 Let me join with our colleagues who
5 have expressed their thanks and
6 congratulations to the chair of the Mental
7 Health Committee, to Tom Morahan; to our
8 leader, Joe Bruno; and to so many others who
9 have made this a reality today.
10 You know, when I chaired the Mental
11 Health Committee, we learned very rapidly
12 about the stigmas impacting people who suffer
13 mental illness and about how mental illness
14 can impact any one of our families regardless
15 of our socioeconomic class at any given time.
16 And I want to make sure that we
17 acknowledge the work of Senator Tom Libous,
18 who I personally watched persevere for hours
19 and hours until we made this bill a reality.
20 And I feel sorry for the fact that
21 Senator Krueger is angry. I think rather than
22 being angry, we should look to the fact that
23 this is landmark legislation, this is the most
24 significant legislation that we've passed this
25 year, the most significant legislation in the
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1 area of mental health since we passed the
2 Community Reinvestment Act that substantially
3 changed the way we built the community-based
4 system of care for people who suffer from
5 mental illness, that we have legislation here
6 that will impact not only the adult population
7 but our kids that are so often troubled by
8 mental illness.
9 And for years we know that people
10 who had mental illness did not have voices
11 very often in the state capital. And let me
12 say to Tom O'Clair, you gave voice to people
13 who very often were not heard in the halls of
14 the state capital in Albany, and your
15 persistence should be credited a great deal
16 for the fact that you were here rather than
17 recoiling into your own world, which no one
18 would have blamed you for doing after going
19 through the tragedy that you went through.
20 You decided to be here and become the lobbyist
21 that you weren't called, but the lobbyist that
22 was a true effective voice giving voice to
23 people across this state who on a daily basis
24 could not have their voices heard.
25 And I want to just say
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1 congratulations to Tom O'Clair and say that we
2 are so happy to see this day, that we see
3 Timothy's Law passed by the Senate and will
4 eventually become law very shortly in this
5 state.
6 I vote aye. Thank you.
7 ACTING PRESIDENT WINNER: Senator
8 Spano will be recorded in the affirmative.
9 Senator Marcellino, to explain his
10 vote.
11 SENATOR MARCELLINO: Thank you,
12 Mr. President.
13 I too rise to congratulate those
14 who have been fighting for years to bring this
15 law into fruition. And thank God we're here,
16 and thank God we've accomplished this. This
17 is a victory, not a point to be saddened, not
18 a point to be worried.
19 Yeah, there's more to do. And
20 we'll do it, and we'll move ahead. But let's
21 take the moment and say this is good.
22 Compromise has worked. The system has worked.
23 Both sides sat down, hammered out an
24 agreement, finally, and agreed to compromise.
25 Not a dirty word. Not something to be
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1 disparaged.
2 Some will say it's dysfunctional.
3 Some will say we don't work. Some will say
4 it's not there. But it did work. When both
5 sides realized that they had to compromise to
6 end the desperation of those families who have
7 members with mental illness, this bill came to
8 fruition. And they can go home and say now
9 we've got a place to go, we've got somebody
10 and something that will help us. And that's
11 important.
12 Is it everything everybody wants?
13 No. I don't know a single piece of
14 legislation that has passed this chamber or
15 passed both these chambers since I've been
16 here that has been everything the authors
17 wanted. They've always had to compromise.
18 It's a give-and-take process. You take a
19 piece of the pie one time, you come back for
20 the next slice. And you come back for the
21 next slice until you get what you need, until
22 you get everything you want.
23 This, I look upon it as a first
24 step. And I think we should all take that
25 attitude. It's a first step. We'll see how
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1 it works, we'll improve it, we'll make it
2 better.
3 There's a lot of other legislation
4 out there that's controversial, that there are
5 opposite sides and people butting heads on,
6 and fingers are being pointed. Compromise is
7 the name of this business. When people of
8 good faith come together and respect each
9 others' positions and are willing to concede
10 that the other side may have a point and are
11 willing to give that point some recognition,
12 then you put together a good piece of
13 legislation.
14 And I think we've done that here,
15 and I think we should be proud of it. And I
16 urge the Governor to sign it. I'm sure the
17 Assembly will pass it, and I urge the Governor
18 to read it and sign it. It's necessary. And
19 if he doesn't, we should come back and deal
20 with that at the appropriate time.
21 Right now I think we should be
22 pleased. And I think the family and the
23 advocates should be grateful and thankful. I
24 know I am, for their work and their effort and
25 their leadership. And I'm thankful for the
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1 work of my colleagues -- Senator Libous,
2 Senator Morahan, Senator Bruno, and all of my
3 colleagues on both sides of the aisle who have
4 worked for this particular piece of
5 legislation. Thank you. This is a good job
6 and a job well done. Let's move ahead now.
7 I vote aye.
8 ACTING PRESIDENT WINNER: Senator
9 Marcellino will be recorded in the
10 affirmative.
11 Senator Maziarz, to explain his
12 vote.
13 SENATOR MAZIARZ: Thank you very
14 much, Mr. President.
15 I too rise in support of this
16 legislation. I want to join the chorus of
17 congratulations to Senator Libous and Senator
18 Morahan.
19 I've had the occasion on many days
20 here after session was over with, after long
21 sessions were over with, to meet socially with
22 Senator Libous and talk to him and the
23 frustration that he felt about not being able
24 to come to an agreement on this bill was
25 really, I think, something that's a credit to
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1 him and to Senator Morahan and to all the
2 others who worked on this. I congratulate
3 them.
4 This is a huge step for those in
5 New York who suffer from mental illness.
6 Every one of us, every one of us I'm sure at
7 one time or another has dealt with a family
8 who has come into our district offices or
9 called us on the phone, sometimes in a state
10 of exasperation, as to where to go, what to
11 do, you know, and no place else to turn.
12 Because of the good work of the
13 advocates, Mr. O'Clair, Tom O'Clair, and all
14 the other advocates and the good work of the
15 members of the Assembly and Senator Libous and
16 Senator Morahan, those people will now have a
17 place to go to for treatment.
18 So I congratulate them, and I thank
19 all the members of this Legislature. I'm
20 absolutely certain this is going to pass
21 unanimously here today, as well it should.
22 Thank you, Mr. President.
23 ACTING PRESIDENT WINNER: Senator
24 Maziarz will be recorded in the affirmative.
25 Senator Connor, to explain his
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1 vote.
2 SENATOR CONNOR: Thank you, Mr.
3 President.
4 You know, Senator Padavan pointed
5 out the great leap forward in 1978, when this
6 Legislature provided that insurance to cover
7 mental illness treatment must be made
8 available. And here we are today.
9 And lest we think it's all been
10 nearly three decades of progress, I would
11 point out that the number of New Yorkers who
12 had health insurance in 1978, percentagewise,
13 was I am positive far greater than the
14 percentage than enjoy health insurance today.
15 Simple statistics from that era
16 would show that, I think, today the New York
17 workforce, the percentage of the New York
18 workforce, for example, that's unionized is
19 half of what it was then, or less than half of
20 what it was then. We didn't have Wal-Marts
21 then. We didn't have big box stores. We
22 didn't have these corporations that are
23 national or international in scope that pay
24 minimum wage or a little bit over that and
25 provide no benefits. We didn't have Starbucks
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1 then.
2 So while I'm delighted that we're
3 doing this legislation today, that we're
4 passing Timothy's Law -- and it is a
5 compromise, it's not everything we wanted -- I
6 would point out that we have a much bigger
7 problem if we're going to extend these kind of
8 benefits to all New Yorkers.
9 And that problem is how are we
10 going to provide affordable health insurance
11 coverage to all New Yorkers, and are we not
12 ready to mandate that employers of large
13 numbers of employees ought to lift their fair
14 share of this burden in terms of providing
15 health insurance to all of its employees.
16 That said, I'm glad we're passing
17 this. I don't get angry at the slow pace of
18 progress around here, because if I did, in
19 28 years that anger would have probably eaten
20 me alive -- with all due respect to Senator
21 Liz Krueger, who's been here a much shorter
22 time. But I do get frustrated, and I do wish
23 the pace of progress in this chamber were a
24 little swifter than it's been.
25 And I do congratulate, though, the
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1 sponsor and the Majority Leader and Senator
2 Morahan for their work on this.
3 My friend and colleague Senator
4 Duane, I thank him for not letting a day go by
5 in this chamber without reminding us all that
6 Timothy's Law was something that we needed to
7 do to benefit New York's families, New York's
8 young people, and all New Yorkers who enjoy
9 this benefit.
10 And to Tom O'Clair, I admire and
11 respect the fact that your loss, enormous loss
12 and pain was channelled in such a positive
13 direction to lead to something that will help
14 other New Yorkers to hopefully prevent
15 tragedies and get the services they need.
16 And to the other advocates whose
17 persistence we respect, I thank you for your
18 fine work and for keeping the pressure on,
19 because that's what does get change in this
20 chamber, keeping that pressure on and not
21 forgetting we are here to do for the citizens
22 of New York and to provide for their needs.
23 So, Mr. President, I intend to vote
24 for this. But I do hope in the coming year or
25 years the pace of progress, of progressive
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1 legislation in this chamber picks up and gets
2 us to where we really, really need to be. I
3 don't have another three decades to wait
4 around this chamber for the next big leap
5 forward. Or, I don't know, my grandfather
6 lived to 105, maybe I do, but I don't think
7 I'm going to spend them in this chamber.
8 So I vote aye, Mr. President.
9 ACTING PRESIDENT WINNER: Senator
10 Connor will be recorded in the affirmative.
11 Senator Nozzolio, to explain his
12 vote.
13 SENATOR NOZZOLIO: Thank you,
14 Mr. President.
15 I rise to add to the chorus of
16 those who are supporting this excellent
17 legislation, but only wish to focus my remarks
18 on a special thanks, thanks to the advocates,
19 not just in Albany but throughout the entire
20 state, who networked together, who continually
21 pressed the cause, who instructed myself and
22 other legislators about the real need for this
23 legislation. And I wish to thank them,
24 because it's a victory for those advocates,
25 and thank them for such strident support of
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1 this legislation.
2 I only wish to say that we also
3 will fight hard on other issues that affect
4 the mentally ill, and particularly as the
5 mentally ill are placed in our prison system.
6 I know many in this house as well as the
7 Assembly wish to ensure that we are also
8 taking important strides in that endeavor.
9 Again, thank you. It is an
10 excellent piece of legislation, one that I
11 fully support. And thank you, Mr. President,
12 for the opportunity to explain my vote. I
13 vote aye.
14 ACTING PRESIDENT WINNER: Senator
15 Nozzolio will be recorded in the affirmative.
16 Announce the results.
17 THE SECRETARY: Ayes, 55. Nays,
18 0.
19 ACTING PRESIDENT WINNER: The
20 bill is passed.
21 (Extended applause.)
22 ACTING PRESIDENT WINNER: Senator
23 Fuschillo, that completes the noncontroversial
24 calendar.
25 SENATOR FUSCHILLO: Please
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1 recognize Senator Little.
2 ACTING PRESIDENT WINNER: Senator
3 Little. Motion of Senator Little.
4 SENATOR LITTLE: Thank you,
5 Mr. President.
6 I wish to call up Senator Wright's
7 bill, Print Number 4605A, recalled from the
8 Assembly, which is now at the desk.
9 ACTING PRESIDENT WINNER: The
10 Secretary will read.
11 THE SECRETARY: Calendar Number
12 2149, by Senator Wright, Senate Print 4605A,
13 an act to amend the Public Service Law.
14 SENATOR LITTLE: Mr. President, I
15 now move to reconsider the vote by which the
16 bill was passed.
17 ACTING PRESIDENT WINNER: The
18 Secretary will call the roll on
19 reconsideration.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 55.
22 SENATOR LITTLE: Mr. President, I
23 now move to recommit the bill to the Committee
24 on Rules.
25 ACTING PRESIDENT WINNER: So
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1 ordered.
2 SENATOR SKELOS: Mr. President.
3 ACTING PRESIDENT WINNER: Senator
4 Skelos.
5 SENATOR SKELOS: There will be an
6 immediate meeting of the Health Committee in
7 the Majority Conference Room.
8 ACTING PRESIDENT WINNER: The
9 Senate will stand at ease until the return of
10 the Health Committee from the Majority
11 Conference Room.
12 (Whereupon, the Senate stood at
13 ease at 4:56 p.m.)
14 (Whereupon, the Senate reconvened
15 at 5:03 p.m.)
16 ACTING PRESIDENT LITTLE: Senator
17 Skelos.
18 SENATOR SKELOS: Madam President,
19 there will be an immediate meeting of the
20 Finance Committee in the Majority Conference
21 Room.
22 ACTING PRESIDENT LITTLE: Thank
23 you. The Finance Committee will meet
24 immediately in the Majority Conference Room.
25 (Whereupon, the Senate stood at
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1 ease at 5:04 p.m.)
2 (Whereupon, the Senate reconvened
3 at 5:19 p.m.)
4 ACTING PRESIDENT LITTLE: Senator
5 Skelos.
6 SENATOR SKELOS: Madam President,
7 if we could return to reports of standing
8 committees, there's a report of the Finance
9 Committee at the desk.
10 I'd ask that that be read with the
11 list of individuals who did not have to
12 appear. We'll read that list first.
13 ACTING PRESIDENT LITTLE: Thank
14 you. Reports of standing committees. The
15 Secretary will read the report of the Finance
16 Committee.
17 SENATOR SKELOS: Excuse me, Madam
18 President. We'll read the list, and then any
19 individual who wishes to vote against any one
20 of those individuals, they can stand up and so
21 indicate.
22 ACTING PRESIDENT LITTLE: Thank
23 you. The Secretary will read.
24 THE SECRETARY: Senator Johnson,
25 from the Committee on Finance, reports the
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1 following nominations.
2 As director of the State of
3 New York Mortgage Agency, Eileen Mildenberger,
4 of New York City.
5 As directors of the State of
6 New York Municipal Bond Bank Agency, Kenneth
7 M. Bialo, of Larchmont, and Michael J.
8 Townsend, Esquire, of Fairport.
9 As a member of the New York Job
10 Development Authority, Adam Barsky, of
11 New York City.
12 As an alternate nonvoting member of
13 the Metropolitan Transportation Authority,
14 Norman E. Brown, of Brooklyn.
15 As a member of the New York State
16 Bridge Authority, Robert P. Carter, of
17 Poughkeepsie.
18 As members of the Central New York
19 Regional Transportation Authority, Deraux L.
20 Branch, of Syracuse, and Vincent A. O'Neil,
21 Esquire, of Syracuse.
22 As a member of the Niagara Frontier
23 Transportation Authority, Thomas H. Burton, of
24 Clarence.
25 As a member of the Ogdensburg
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1 Bridge and Port Authority, William D. Nelson,
2 of Ogdensburg.
3 As a member of the Port of Oswego
4 Authority, Christopher C. Dain, of Oswego.
5 As a member of the New York State
6 Thruway Authority, Frederick M. Howard, of
7 Valley Falls.
8 As a member of the Board of
9 Trustees of the State University of New York
10 College of Environmental Science and Forestry,
11 William L. McGarry, Jr., of Fayetteville.
12 As a member of the Small Business
13 Advisory Board, Frank S. Falatyn, of Hurley.
14 As members of the State Board of
15 Real Property Services, George Herren, of
16 Canandaigua, and Michael Joseph, Jr., of
17 Marathon.
18 As a member of the State
19 Environmental Board, Gregory Harden, of
20 McConnellsville.
21 As a member of the Albany Pine Bush
22 Preserve Commission, John K. Brust, of Central
23 Bridge.
24 As a member of the Firefighting and
25 Code Enforcement Personnel Standards and
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1 Education Commission, Kevin Shamus Malley, of
2 the Bronx.
3 As a member of the Genesee State
4 Park, Recreation and Historic Preservation
5 Commission, Margaretha Buerman, of Webster.
6 As members of the Long Island State
7 Park, Recreation and Historic Preservation
8 Commission, Lawrence T. Mahon, of Syosset, and
9 Lisa Dewald Stoll, of Oyster Bay.
10 As members of the Saratoga-Capital
11 District State Park, Recreation and Historic
12 Preservation Commission, David Golub, of
13 Schenectady, and Karl Jay Sleight, Esquire, of
14 Saratoga Springs.
15 As members of the Republic Airport
16 Commission, Philip Acinapuro, of North
17 Massapequa; Vincent A. Bologna, Jr., of West
18 Babylon, and Joan Flaumenbaum, of Farmingdale.
19 As a member of the Medical Advisory
20 Committee, Mary Kathryn Lashomb, of Malone.
21 As members of the Board of
22 Directors of the New York Convention Center
23 Operating Corporation, Christine Ferer, of
24 New York City; Betty Levin, of New York City;
25 Edward J. Malloy, of New York City; and
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1 Jeffrey D. Stewart, of New York City.
2 As a member of the State Council on
3 the Arts, Amy Donna Newman, of New York City.
4 As a member of the Citizens Policy
5 and Complaint Review Council, Brian W. Cotter,
6 of Rensselaer.
7 As a member of the State Fire
8 Prevention and Building Code Council, Robert
9 Hankin, of Poughkeepsie.
10 As members of the State Hospital
11 Review and Planning Council, Michael H.
12 Barnett, Esquire, of New York City; Sister
13 Joseph Mary Brecanier, of Albany; Thomas E.
14 Holt, of Jamestown; and Richard Nelson
15 Rosenthal, M.D., of New York City.
16 As members of the Council on Human
17 Blood and Transfusion Services, William Allen
18 Fricke, M.D., of Rochester, and Donna
19 Skerrett, M.D., of Mount Vernon.
20 As a member of the Mental Health
21 Services Council, Steven J. Miccio, of
22 Fishkill.
23 As a member of the Public Health
24 Council, Joseph A. Cimono, of North Tarrytown.
25 As commissioners of the State
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1 Insurance Fund, Donald T. DeCarlo, Esquire, of
2 Southold; William A. O'Loughlin, Jr., of
3 Williamsville; and Jane A. Rees-Halbritter,
4 Jr., of Rome.
5 As a member of the Board of
6 Visitors of the New York State Home for
7 Veterans and Their Dependents at St. Albans,
8 Angelo Lomonaco, of Elmont.
9 As members of the Board of Visitors
10 of the Binghamton Psychiatric Center, Gerald
11 J. Buckley, of Binghamton, and Joyce Gioia, of
12 Binghamton.
13 As a member of the Capital District
14 Psychiatric Center, Friederike Barker, of
15 Albany.
16 As a member of the Board of
17 Visitors of the Creedmoor Psychiatric Center,
18 Christine Spigner, of Jamaica.
19 As a member of the Board of
20 Visitors of the Elmira Psychiatric Center,
21 Judith H. Phillips, of Watkins Glen.
22 As a member of the Board of
23 Visitors of the Manhattan Psychiatric Center,
24 Agnes A. Violenus, of New York City.
25 As a member of the Board of
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1 Visitors of the Mohawk Valley Psychiatric
2 Center, Joseph D. Harder, of Marcy.
3 As members of the Board of Visitors
4 of the New York City Home for Veterans and
5 Their Dependents at Montrose, William T.
6 Mahan, of New York City; Freemont Reif, of
7 Mohegan Lake; and William Rizzuto, of
8 Dobbs Ferry.
9 As a member of the Board of
10 Visitors of the Rochester Psychiatric Center,
11 George Follett, of Albion.
12 And as a member of the Board of
13 Visitors of the Western New York Children's
14 Psychiatric Center, Ramon Perez, of Hamburg.
15 ACTING PRESIDENT LITTLE: Senator
16 Johnson.
17 SENATOR JOHNSON: Move the
18 nominations.
19 ACTING PRESIDENT LITTLE: The
20 question is on the confirmation of the
21 nominees as read by the Secretary. All in
22 favor signify by saying aye.
23 (Response of "Aye.")
24 ACTING PRESIDENT LITTLE:
25 Opposed, nay.
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1 SENATOR LIZ KRUEGER: Nay.
2 ACTING PRESIDENT LITTLE: Senator
3 Krueger will be so recorded.
4 SENATOR LIZ KRUEGER: Madam
5 President.
6 ACTING PRESIDENT LITTLE: Yes.
7 SENATOR LIZ KRUEGER: It's my
8 understanding that I should for the record
9 clarify that I am voting yes on the nominees
10 for the Board of Visitors positions, but I am
11 voting no on all of the other nominees without
12 hopefully needing to read through.
13 We got notice of these people
14 yesterday; I believe our counsel got it at
15 4:00 o'clock on Wednesday. I feel that the
16 Governor had the opportunity to give us far
17 more time to review the nominees. We get
18 three days, at least, on bills. We should
19 have had at least three days to review 61
20 nominees.
21 So no on every one on that basis
22 except for the Board of Visitors, who were
23 provided to us earlier.
24 Thank you.
25 ACTING PRESIDENT LITTLE: Thank
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1 you. The record will so reflect that, Senator
2 Krueger.
3 Senator Connor.
4 SENATOR CONNOR: Yes, Madam
5 President. I would like to be recorded as
6 voting no on the reappointment and new
7 appointment to the Workers' Compensation
8 Board, those two nominees.
9 And I would also just like to,
10 while I'm voting yes for the other nominees,
11 congratulate the appointment of Norman Brown,
12 a constituent of mine from the Machinists
13 Union. And I'm happy to vote yes on his
14 appointment. Thank you.
15 ACTING PRESIDENT LITTLE: Thank
16 you. You will be so recorded.
17 Senator Skelos.
18 SENATOR SKELOS: If I could
19 interrupt for just one moment, I want to point
20 out that the first three appointments that had
21 to appear are not technically before the house
22 at this time, the Workers' Compensation Board.
23 It's all the nonappearances.
24 So if anybody wishes to vote
25 against any one of those, they should do that.
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1 And then we'll take up the three other
2 nominees.
3 ACTING PRESIDENT LITTLE: Thank
4 you, Senator Skelos.
5 The nominees are hereby confirmed.
6 Senator Schneiderman.
7 SENATOR SCHNEIDERMAN: Madam
8 President, could we just have a moment. I
9 think there's a little confusion about
10 procedure.
11 ACTING PRESIDENT LITTLE: Thank
12 you. Senator Hassell-Thompson.
13 SENATOR HASSELL-THOMPSON: Thank
14 you, Madam President. I wish to vote no on
15 the nominee for the director of the State of
16 New York Mortgage Agency.
17 ACTING PRESIDENT LITTLE: Thank
18 you. The record will so reflect that.
19 Senator Savino.
20 SENATOR SAVINO: Yes, Madam
21 President, I also would like the record to
22 reflect that I am voting no on the appointment
23 of Eileen Mildenberger as director of the
24 State of New York Mortgage Agency. But yes on
25 all the other nominations.
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1 ACTING PRESIDENT LITTLE: Thank
2 you. The record will so reflect that, Senator
3 Savino.
4 Senator Schneiderman.
5 SENATOR SCHNEIDERMAN: Thank you,
6 Madam President.
7 I echo Senator Krueger's concern
8 about the Governor's -- the lateness with
9 which he passed these up. It's not the fault
10 of any of the nominees or anyone in this
11 house. It is unfortunate, but I will also be
12 voting no for the nominee for the State
13 Mortgage Agency.
14 There are other good appointments
15 here, and I'm sorry we didn't have more time
16 to consider and evaluate them. Jeffrey
17 Stewart, in particular, nominated and now
18 confirmed to the New York Convention Center
19 Operating Corporation, is an excellent nominee
20 whom I've known for many years.
21 I wish we did have more time to
22 deal with this, and that's something that on
23 day one we'll change. Thank you.
24 ACTING PRESIDENT LITTLE: Thank
25 you. The record will so reflect your negative
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1 vote.
2 Senator Gonzalez.
3 SENATOR GONZALEZ: Yes, I'd like
4 to vote in the negative on the director of the
5 New York State Mortgage Agency, Eileen
6 Mildenberger, in the negative on that one.
7 ACTING PRESIDENT LITTLE: Thank
8 you. The record will so reflect that,
9 Senator.
10 The nominees as read by the
11 Secretary are hereby confirmed.
12 The Secretary will read.
13 THE SECRETARY: As executive
14 director of the New York State Office of
15 Science, Technology and Academic Research,
16 Michael J. Relyea, Esquire, of Clifton Park.
17 ACTING PRESIDENT LITTLE: Senator
18 Johnson.
19 SENATOR JOHNSON: Move the
20 nomination.
21 ACTING PRESIDENT LITTLE: Thank
22 you.
23 Senator Nozzolio.
24 SENATOR NOZZOLIO: Thank you,
25 Madam President. On the nomination.
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1 Madam President and my colleagues,
2 I rise in support of Mike Relyea to be the
3 director of NYSTAR.
4 Congratulations to Mike. In the
5 absence of Senator Alesi, I know that Mike has
6 worked very hard to earn this position. He
7 has been an excellent worker within the
8 legislative process, understands the
9 legislative process and understands in
10 particular, although not now living in
11 Rochester, has a firm knowledge of how the
12 commercialization of science is so important
13 to Rochester and all of Western New York. And
14 that this is an excellent appointment.
15 And, Mike, you did an excellent job
16 working here in the Senate and at NYSTAR, and
17 now we're very glad to see the Governor
18 recognize your contributions for this
19 important position.
20 An excellent appointment, Madam
21 President. I fully support it.
22 ACTING PRESIDENT LITTLE: Thank
23 you.
24 Senator Maziarz.
25 SENATOR MAZIARZ: Thank you very
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1 much, Madam President. I too rise to support
2 this nomination of Mike Relyea.
3 I've known Mike several years now,
4 when he worked for the Governor's office and
5 worked for Senator Alesi here in the Senate.
6 He was always on top of legislation. I know
7 he always had a very special interest in
8 science and technology and all that's going on
9 in New York to create the next generation of
10 jobs, if you will. And I think that Mike will
11 be a great appointment to the office of
12 Science, Technology and Academic Research, and
13 I wholeheartedly support this nomination.
14 And, Mike, congratulations to you
15 on your next step in your career, and to your
16 family. Thank you.
17 ACTING PRESIDENT LITTLE: Thank
18 you.
19 The question is on the confirmation
20 of Michael Relyea as executive director of the
21 New York State Office of Science, Technology
22 and Academic Research. All those in favor say
23 aye.
24 (Response of "Aye.")
25 ACTING PRESIDENT LITTLE:
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1 Opposed, nay.
2 (Response of "Nay.")
3 ACTING PRESIDENT LITTLE: Thank
4 you.
5 Congratulations to Michael Relyea,
6 who is here today with his wife, Maria, his
7 son, Thomas, and his daughter, Olivia.
8 And I take special honor in
9 congratulating him, since Michael originally
10 is from the town of Moriah in my district, in
11 Essex County, and certainly is one of their
12 exemplary citizens. And they'll be happy to
13 hear of this nomination and confirmation of
14 it.
15 Thank you and congratulations,
16 Michael.
17 (Applause.)
18 ACTING PRESIDENT LITTLE: The
19 Secretary will read.
20 THE SECRETARY: As a member of
21 the Workers' Compensation Board, Michael T.
22 Berns, of New York City.
23 ACTING PRESIDENT LITTLE: Senator
24 Johnson.
25 SENATOR JOHNSON: Move the
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1 nomination.
2 ACTING PRESIDENT LITTLE: Thank
3 you.
4 The question is on the confirmation
5 of Michael T. Burns as a member of the
6 Workers' Compensation Board. All those in
7 favor signify by saying aye.
8 (Response of "Aye.")
9 ACTING PRESIDENT LITTLE:
10 Opposed.
11 (Response of "Nay.")
12 ACTING PRESIDENT LITTLE: Michael
13 T. Berns is hereby confirmed as a member of
14 the Workers' Compensation Board, and he is
15 joining us today.
16 Thank you and congratulations.
17 (Applause.)
18 ACTING PRESIDENT LITTLE: The
19 Secretary will read.
20 THE SECRETARY: As a member of
21 the Workers' Compensation Board, Ellen O.
22 Paprocki, of Baldwinsville.
23 ACTING PRESIDENT LITTLE: Thank
24 you. Senator Johnson.
25 SENATOR JOHNSON: Move the
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1 nomination.
2 ACTING PRESIDENT LITTLE: Thank
3 you.
4 The question is on the nomination
5 of Ellen O. Paprocki, of Baldwinsville, as a
6 member of the Workers' Compensation Board.
7 All those in favor signify by saying aye.
8 (Response of "Aye.")
9 ACTING PRESIDENT LITTLE: Those
10 opposed.
11 (Response of "Nay.")
12 ACTING PRESIDENT LITTLE: Senator
13 Schneiderman.
14 SENATOR SCHNEIDERMAN: Madam
15 President, I just want to make it clear for
16 the record, since there's a little confusion
17 about procedure, that I'm opposing both of
18 those nominees.
19 And I would encourage any of my
20 colleagues to stand and clarify that they want
21 to be recorded in the negative on both. There
22 is no recording of a roll call here, so please
23 stand and indicate to the chair your
24 opposition to one or both of the nominees to
25 the Workers' Compensation Board.
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1 ACTING PRESIDENT LITTLE: Senator
2 Savino.
3 SENATOR SAVINO: Yes, I'd like
4 the record to reflect that I am voting no on
5 the reappointment of Michael T. Berns to the
6 Workers' Compensation Board, and I am also
7 voting no on the new appointment of Ellen O.
8 Paprocki to the Workers' Compensation Board.
9 ACTING PRESIDENT LITTLE: Thank
10 you. The record will so reflect that.
11 SENATOR SAVINO: Thank you.
12 ACTING PRESIDENT LITTLE: Senator
13 Sabini.
14 SENATOR SABINI: I want the
15 record to reflect that I'm voting no on
16 Mr. Berns -- not from "The Simpsons," but from
17 the Workers' Compensation Board -- and
18 Ms. Paprocki.
19 ACTING PRESIDENT LITTLE: The
20 record will reflect that.
21 Senator Breslin.
22 SENATOR BRESLIN: Thank you,
23 Madam President.
24 I would also like to be recorded as
25 opposing the nominations of Michael T. Berns
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1 and Ellen Paprocki. It is not a reflection on
2 their abilities, but it's a reflection on the
3 process itself, with the switching of the
4 positions.
5 ACTING PRESIDENT LITTLE: The
6 record will reflect that.
7 Senator Smith.
8 SENATOR MALCOLM SMITH: Yes,
9 thank you, Madam President.
10 I too want to be recorded in the
11 negative on the reappointment of Michael Berns
12 and also the new appointment of Ellen
13 Paprocki. And similar to Senator Breslin, not
14 with regard to their qualifications, but with
15 regard to the process in terms of their being
16 switched.
17 ACTING PRESIDENT LITTLE: The
18 record will reflect that.
19 Senator Krueger.
20 SENATOR LIZ KRUEGER: I also
21 would like to be recorded in the negative on
22 Michael Berns and Ellen Paprocki, for the same
23 basis that I have voted no on all of the
24 others today. Thank you.
25 ACTING PRESIDENT LITTLE: The
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1 record will reflect that.
2 Senator Gonzalez.
3 SENATOR GONZALEZ: Yes, I'd like
4 the record to reflect my opposition to the
5 reappointment of Michael Berns and the new
6 appointment of Ellen Paprocki. And for stated
7 reasons, as part of the process, in the
8 negative.
9 ACTING PRESIDENT LITTLE: Thank
10 you. The record will reflect that.
11 Senator Hassell-Thompson.
12 SENATOR HASSELL-THOMPSON: Thank
13 you, Madam President.
14 Please let the record reflect that
15 I too am voting in the negative for
16 Mr. Michael Berns as well as Ms. Paprocki as
17 members of the Workers' Compensation Board.
18 ACTING PRESIDENT LITTLE: The
19 record will reflect that.
20 Senator Connor.
21 SENATOR CONNOR: Thank you, Madam
22 President.
23 I would like the record to reflect
24 that on the voice vote that we took, I voted
25 no on the reappointment of Michael Berns to
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1 the Workers' Compensation Board and the new
2 appointment of Ellen Paprocki to the Workers'
3 Compensation Board. Thank you.
4 ACTING PRESIDENT LITTLE: Thank
5 you. The record will reflect that.
6 Senator Maziarz.
7 SENATOR MAZIARZ: Madam
8 President, thank you very much.
9 I rise to stand up and to let the
10 record show that I vote in the affirmative on
11 the reappointment of Michael Berns and Ellen
12 O. Paprocki, both of whom appeared before the
13 Senate Labor Committee, both of whom have
14 served as members of the Workers' Compensation
15 Board with distinction and brought the
16 Workers' Compensation Board, from a technology
17 standpoint, from an agency that was years
18 behind schedule to where it is up-to-date and
19 is processing claims much quicker than they
20 ever have before.
21 I stand to let the record show that
22 I vote in the affirmative for both appointees.
23 Thank you, Madam President.
24 ACTING PRESIDENT LITTLE: Thank
25 you, Senator Maziarz.
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1 The nominees, Michael T. Berns and
2 Ellen O. Paprocki, are hereby confirmed as
3 members of the Workers' Compensation Board.
4 Congratulations to both of you.
5 (Applause.)
6 ACTING PRESIDENT LITTLE: Senator
7 Skelos.
8 SENATOR SKELOS: Madam President,
9 is there any further business at the desk?
10 ACTING PRESIDENT LITTLE: No,
11 there is not, Senator.
12 SENATOR SKELOS: There being no
13 further business to come before the Senate, I
14 move we stand adjourned until the call of the
15 Majority Leader, intervening days being
16 legislative days.
17 ACTING PRESIDENT LITTLE: Thank
18 you. On motion, the Senate stands adjourned
19 till the call of the Majority Leader,
20 intervening days being legislative days.
21 (Whereupon, at 5:39 p.m., the
22 Senate adjourned.)
23
24
25
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