Regular Session - December 13, 2006

                                                            6597



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                   December 13, 2006

        11                      12:46 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR RAYMOND A. MEIER, Acting President

        19  STEVEN M. BOGGESS, Secretary

        20

        21

        22

        23

        24

        25


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6598



         1                 P R O C E E D I N G S

         2                  ACTING PRESIDENT MEIER:    The

         3       Senate will come to order.

         4                  I ask everyone present to please

         5       rise and join me in the Pledge of Allegiance.

         6                  (Whereupon, the assemblage recited

         7       the Pledge of Allegiance to the Flag.)

         8                  ACTING PRESIDENT MEIER:    In the

         9       absence of clergy, may we bow our heads in a

        10       moment of silence.

        11                  (Whereupon, the assemblage

        12       respected a moment of silence.)

        13                  ACTING PRESIDENT MEIER:    Reading

        14       of the Journal.

        15                  THE SECRETARY:    In Senate,

        16       Tuesday, December 12, the Senate met pursuant

        17       to adjournment.  The Journal of Monday,

        18       December 11, was read and approved.  On

        19       motion, Senate adjourned.

        20                  ACTING PRESIDENT MEIER:    Without

        21       objection, the Journal stands approved as

        22       read.

        23                  Presentation of petitions.

        24                  Messages from the Assembly.

        25                  Messages from the Governor.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6599



         1                  Reports of standing committees.

         2                  Communications and reports from

         3       state officers.

         4                  Motions and resolutions.

         5                  Senator Golden.

         6                  SENATOR GOLDEN:    Mr. President, I

         7       wish to call up my bill, Senate Print Number

         8       8428, recalled from the Assembly, which is now

         9       at the desk.

        10                  ACTING PRESIDENT MEIER:    The

        11       Secretary will read.

        12                  THE SECRETARY:    Calendar Number

        13       2179, by Senator Golden, Senate Print 8428, an

        14       act to amend the Administrative Code of the

        15       City of New York.

        16                  ACTING PRESIDENT MEIER:    Senator

        17       Golden.

        18                  SENATOR GOLDEN:    Mr. President, I

        19       now move to reconsider the vote by which this

        20       bill was passed and ask that the bill be

        21       restored on the order of third reading.

        22                  ACTING PRESIDENT MEIER:    Call the

        23       roll on reconsideration.

        24                  (The Secretary called the roll.)

        25                  THE SECRETARY:    Ayes, 58.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6600



         1                  ACTING PRESIDENT MEIER:    The bill

         2       is restored to the order of third reading.

         3                  Senator Golden.

         4                  SENATOR GOLDEN:    Mr. President, I

         5       now move to discharge, from the Committee on

         6       Rules, Assembly Print Number 11711 and

         7       substitute it for my identical bill.

         8                  ACTING PRESIDENT MEIER:

         9       Substitution ordered.

        10                  The Secretary will read.

        11                  THE SECRETARY:    Calendar Number

        12       2179, substituted earlier by the Assembly

        13       Committee on Rules, Assembly Print Number

        14       11711, an act to amend the Administrative Code

        15       of the City of New York.

        16                  ACTING PRESIDENT MEIER:    Senator

        17       Schneiderman.

        18                  SENATOR SCHNEIDERMAN:    Yes, thank

        19       you, Mr. President.  On the bill.

        20                  I just want to make sure it's clear

        21       to my colleagues this is simply a recall of a

        22       Senate bill and we're now moving to pass the

        23       identical Assembly bill.  It's a cross, it's

        24       something we have to correct, and it passed

        25       unanimously, 60 to nothing, when it was


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6601



         1       introduced earlier in the session.

         2                  So this is more administrative than

         3       anything else, and I would urge my colleagues

         4       once again to support this legislation.

         5                  ACTING PRESIDENT MEIER:    Read the

         6       last section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT MEIER:    Call the

        10       roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 58.

        13                  ACTING PRESIDENT MEIER:    The bill

        14       is passed.

        15                  Senator Bruno.

        16                  SENATOR BRUNO:    Mr. President, I

        17       would ask for an immediate meeting of the

        18       Finance Committee in the Majority Conference

        19       Room.

        20                  And I would ask that presently the

        21       Senate stand at ease.

        22                  ACTING PRESIDENT MEIER:

        23       Immediate meeting of the Finance Committee in

        24       the Senate Majority Conference Room.

        25                  The Senate will stand at ease


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6602



         1       pending the report of the Finance Committee.

         2                  (Whereupon, the Senate stood at

         3       ease at 12:48 p.m.)

         4                  (Whereupon, the Senate reconvened

         5       at 1:55 p.m.)

         6                  ACTING PRESIDENT MEIER:    Senator

         7       Skelos.

         8                  SENATOR SKELOS:    Mr. President,

         9       if we could return to the order of motions and

        10       resolutions and adopt the Resolution Calendar

        11       in its entirety.

        12                  ACTING PRESIDENT MEIER:    Motions

        13       and resolutions.

        14                  All those in favor of adopting the

        15       Resolution Calendar in its entirety signify by

        16       saying aye.

        17                  (Response of "Aye.")

        18                  ACTING PRESIDENT MEIER:    Those

        19       opposed, nay.

        20                  (No response.)

        21                  ACTING PRESIDENT MEIER:    The

        22       Resolution Calendar is adopted.

        23                  Senator Skelos.

        24                  SENATOR SKELOS:    Mr. President, I

        25       believe there's a report of the Finance


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6603



         1       Committee at the desk.  I ask that it be read.

         2                  ACTING PRESIDENT MEIER:    The

         3       Secretary will read the report of the Finance

         4       Committee.

         5                  THE SECRETARY:    Senator Johnson,

         6       from the Committee on Finance, reports the

         7       following nominations.

         8                  As a member of the State Board of

         9       Parole, Lisa Beth Elovich, of Selkirk.

        10                  ACTING PRESIDENT MEIER:    Senator

        11       Johnson.

        12                  SENATOR JOHNSON:    Move the

        13       nomination.

        14                  ACTING PRESIDENT MEIER:    The

        15       question is on the nomination of Lisa Beth

        16       Elovich as a member of the State Board -- I'm

        17       sorry.

        18                  Senator Nozzolio.

        19                  SENATOR NOZZOLIO:    Thank you,

        20       Mr. President.

        21                  Mr. President and my colleagues, I

        22       stand with great pride in endorsing the

        23       candidacy of Lisa Beth Elovich of Selkirk for

        24       nomination to the Board of Parole.

        25                  She came before the New York State


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6604



         1       Senate Committee on Crime Victims, Crime and

         2       Corrections and was unanimously approved, as

         3       she was approved in the Senate Finance

         4       Committee.

         5                  She brings a broad, diverse

         6       background of experience and qualification to

         7       this board, the Board of Parole, which is

         8       extremely important in the criminal justice

         9       process in ensuring justice in this state, in

        10       her role as a prosecutor, as a judicial

        11       hearing officer.  Just a wonderful combination

        12       of qualifications that will ensure the

        13       continued good service on the Parole Board.

        14                  An excellent nomination, and I

        15       fully support it.

        16                  Thank you, Mr. President.

        17                  ACTING PRESIDENT MEIER:    Senator

        18       Farley.

        19                  SENATOR FARLEY:    Thank you,

        20       Mr. President.  I rise to support the

        21       nomination of Lisa Elovich.

        22                  Let me just say that she's a

        23       remarkable young woman, a good lawyer,

        24       somebody that served in the Attorney General's

        25       office with distinction.  Everything she's


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6605



         1       done, she's done well.  A graduate of Hofstra

         2       Law School, where my son went, and also the

         3       University of Maryland, where I came into the

         4       bar.

         5                  But anyway, she also has a

         6       distinction of being, I think, the only woman

         7       promoter of boxing matches and has really done

         8       a great job with that, with Pugnacious

         9       Promotions, and as so many of us that have

        10       gone and seen the matches that she's promoted.

        11                  But we're very fortunate to have

        12       somebody of her competence to be able to serve

        13       on the Parole Board, and I congratulate the

        14       Governor for this great appointment.

        15                  I wish you well, Lisa.  We're lucky

        16       to have you.  Thank you very much for serving.

        17                  ACTING PRESIDENT MEIER:    Senator

        18       Skelos.

        19                  SENATOR SKELOS:    Mr. President, I

        20       rise to support the nomination of Lisa

        21       Elovich.

        22                  Senator Farley, it says Lisa

        23       Elovich of Selkirk.  I guarantee you that her

        24       heart is really in Long Beach, which is in my

        25       district, because once you have the Long Beach


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6606



         1       sand in your shoes you never really leave.

         2                  But I've had opportunity to know

         3       Lisa, attended her bat mitzvah a number of

         4       years ago, and to know her family very, very

         5       well.  It's a wonderful family -- her mother,

         6       Helen, father, Larry.  And certainly she is

         7       well qualified for this position.

         8                  So, Lisa, we're proud of you, and

         9       congratulations.

        10                  ACTING PRESIDENT MEIER:    Senator

        11       Ada Smith.

        12                  SENATOR ADA SMITH:    Thank you,

        13       Mr. President.

        14                  While it does not reflect on this

        15       particular nominee -- I wanted to state for

        16       the record that we have some very fine

        17       nominees this time, and I know that they will

        18       do an excellent job.  But as a matter of

        19       principle, I will not be voting in the

        20       affirmative for any nominee whose term extends

        21       past 12/31/07.

        22                  ACTING PRESIDENT MEIER:    The

        23       question is on the nomination of Lisa Beth

        24       Elovich as a member of the State Board of

        25       Parole.  All those in favor signify by saying


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6607



         1       aye.

         2                  (Response of "Aye.")

         3                  ACTING PRESIDENT MEIER:    All

         4       those opposed, nay.

         5                  (No response.)

         6                  ACTING PRESIDENT MEIER:    The

         7       nominee is confirmed.

         8                  Ms. Elovich is with us today in the

         9       gallery.  We congratulate you and wish you

        10       well with your important duties.

        11                  (Applause.)

        12                  ACTING PRESIDENT MEIER:    The

        13       Secretary will continue to read.

        14                  THE SECRETARY:    As a member of

        15       the Crime Victims Board, Alton R. Waldon, Jr.,

        16       of Cambria Heights.

        17                  ACTING PRESIDENT MEIER:    Senator

        18       Johnson.

        19                  SENATOR JOHNSON:    Move the

        20       nomination.

        21                  ACTING PRESIDENT MEIER:    The

        22       question is on the -- I'm sorry, Senator

        23       Nozzolio.  I'll get this right.  I'm new here.

        24                  Senator Nozzolio.

        25                  SENATOR NOZZOLIO:    -- have a


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6608



         1       little time to do that, Senator.

         2                  ACTING PRESIDENT MEIER:    I know.

         3                  (Laughter.)

         4                  SENATOR NOZZOLIO:    Thank you,

         5       Senator, my colleagues.

         6                  I rise to support this excellent

         7       nomination as appointment to the Crime Victims

         8       Board on behalf of the entire Senate Committee

         9       on Crime Victims, Crime, and Corrections,

        10       which didn't take long to review his

        11       qualifications, because the qualifications of

        12       Al Waldon are noted by all of us who had the

        13       honor of serving with him in this

        14       distinguished body as well as the Assembly.

        15                  The judiciary's loss certainly will

        16       be the Crime Victims Board's gain.  That Al is

        17       passionate about supporting many, many

        18       endeavors, and none the least of which are

        19       those who are the victims of crime.

        20                  That it was an honor to serve with

        21       him.  Many memories across the aisle, great

        22       colloquies, great questions.  I might not have

        23       thought so at the time, but I certainly

        24       respected his great acumen and desire to

        25       protect crime victims.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6609



         1                  An excellent appointment,

         2       nomination, and that the Crime Victims

         3       Committee unanimously endorsed his candidacy

         4       for this important position.

         5                  Thank you, Mr. President.

         6                  ACTING PRESIDENT MEIER:    Senator

         7       Maltese.

         8                  SENATOR MALTESE:    Mr. President,

         9       I rise to add a second to the nomination of

        10       our former colleague, Senator Al Waldon, to

        11       this very, very critical board.

        12                  His background, his humble roots,

        13       he has achieved such a great deal in his life;

        14       the fact that he is willing to serve on this

        15       board, this very important board, is a

        16       testament to his public spirit and devotion to

        17       the public weal.

        18                  Certainly as a Congressman, as a

        19       Senator, as a commissioner, and as a

        20       distinguished jurist, his background is second

        21       to none to serve.  And I am pleased to support

        22       the nomination of Al Waldon.

        23                  ACTING PRESIDENT MEIER:    Senator

        24       Sabini.

        25                  SENATOR SABINI:    Mr. President, I


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6610



         1       rise in support of this nomination.

         2                  Judge Waldon is a man who has

         3       served this state in so many capacities that

         4       in fact the squib sheet that our conference

         5       got doesn't even list them all because it's so

         6       lengthy.

         7                  He served in both houses in this

         8       Legislature, served as a member of the State

         9       Investigations Commission, was the first

        10       African-American congressman from the borough

        11       of Queens, something I had a hand in doing.

        12       And I did that knowing that he was a

        13       fair-minded, intelligent, and honest public

        14       servant.  He went on to the Court of Claims,

        15       and now this nomination for the Crime Victims

        16       Board.

        17                  While I share the concern that a

        18       number of these nominations are for terms too

        19       long, in the case of Judge Waldon any service

        20       the state gets from him I think is a good

        21       thing.  I think he's a fantastic public

        22       servant.

        23                  And I know his late wife, Barbara,

        24       is looking down today and smiling on this,

        25       because she was always with him at every


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6611



         1       juncture.

         2                  And I want to congratulate the

         3       Governor for this appointment.

         4                  Thank you, Mr. President.

         5                  ACTING PRESIDENT MEIER:    Any

         6       other Senator wish to be heard on the

         7       nomination?

         8                  Senator Maziarz.

         9                  SENATOR MAZIARZ:    Thank you very

        10       much.

        11                  Just very briefly, I just want to

        12       say I wholeheartedly support this nomination.

        13                  It's good to see you back here, Al,

        14       and it's good to know that there's life after

        15       the Senate, too, Al.

        16                  ACTING PRESIDENT MEIER:    All

        17       those in favor of confirming the nomination of

        18       Alton R. Waldon, Jr., as a member of the Crime

        19       Victims board signify by saying aye.

        20                  (Response of "Aye.")

        21                  ACTING PRESIDENT MEIER:    Those

        22       opposed, nay.

        23                  (No response.)

        24                  ACTING PRESIDENT MEIER:    The

        25       nominee is confirmed.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6612



         1                  Senator Waldon is with us in the

         2       gallery today.  Welcome back home, sir, and

         3       congratulations.

         4                  (Standing ovation.)

         5                  ACTING PRESIDENT MEIER:    The

         6       Secretary will continue to read.

         7                  THE SECRETARY:    As a member of

         8       the Metropolitan Transportation Authority,

         9       Norman Seabrook, of the Bronx.

        10                  ACTING PRESIDENT MEIER:    Senator

        11       Johnson.

        12                  SENATOR JOHNSON:    Move the

        13       nomination.

        14                  ACTING PRESIDENT MEIER:    Senator

        15       Nozzolio.

        16                  SENATOR NOZZOLIO:    Mr. President,

        17       I did not want to rise first, but I didn't

        18       want this opportunity to go by without

        19       thanking the nominee for his wonderful work on

        20       behalf of correction officers in this state.

        21                  That Norman Seabrook has

        22       represented the New York City correction

        23       officers for many years, and has done so with

        24       distinction.  We look to him as a tremendous

        25       resource so that this conference, and


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6613



         1       particularly the committees that Senator

         2       Volker and I work on, are involved in

         3       protecting our correction officers.

         4                  And that his willingness to serve

         5       on the MTA authority is certainly an important

         6       step, but it should be noted that his great

         7       work on behalf of correction officers in this

         8       state is extremely important, and we are

         9       extremely grateful for this work.

        10                  Thank you, Mr. President.

        11                  ACTING PRESIDENT MEIER:    Any

        12       other Senator wish to be heard on the

        13       nomination?

        14                  Senator Golden.

        15                  SENATOR GOLDEN:    Thank you,

        16       Mr. President.

        17                  I too rise for Norman Seabrook.

        18       He's been a great leader and a great help to

        19       us in the City of New York, and he's done

        20       great things across this state to enhance the

        21       union that he has represented for so many

        22       years.

        23                  And having the knowledge that he

        24       does have here in the City of New York will do

        25       a great job at the MTA in bringing his


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6614



         1       managerial skills to that MTA and helping it

         2       run a better, more efficient system.

         3                  My hat is off to him, and I second

         4       this nomination myself too, sir.

         5                  ACTING PRESIDENT MEIER:    Senator

         6       Maltese.

         7                  SENATOR MALTESE:    Mr. President,

         8       I also wish to second the nomination.  I

         9       commend the Governor on the appointment.

        10                  Certainly we've seen in the past

        11       years a lot of Norman Seabrook lobbying on

        12       behalf of his members, as is proper.  Earlier,

        13       at the Finance Committee, he was termed by

        14       Senator Libous a people's representative, and

        15       truly he is.  What he has accomplished for his

        16       fellow officers in the Correction Officers

        17       Benevolent Association is legendary.

        18                  And certainly he never forgot the

        19       fact and provided for widows and children as

        20       well as scholarships for his members.  He is

        21       truly a representative of the people and an

        22       exemplary nomination for this board.

        23                  ACTING PRESIDENT MEIER:    Senator

        24       Sabini.

        25                  SENATOR SABINI:    Thank you,


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6615



         1       Mr. President.  On the nomination.

         2                  As the ranker on Transportation, I

         3       was delighted that the nomination of Norman

         4       Seabrook came through.  He represents working

         5       men and women, New York's bravest in the

         6       correction officers' union.  And I believe in

         7       his role of doing that, he will look out for

         8       the ridership, because he represents working

         9       men and women in New York City and in the MTA

        10       region as a whole.

        11                  So that I believe he'll have a

        12       perspective that will be pro-ridership, and

        13       we'll be able to work with the new

        14       administration, hopefully, at the MTA to bring

        15       about better budgetary practices and better

        16       service for the ridership.

        17                  As someone who represents a large

        18       number of members of COBA, I wholeheartedly

        19       endorse his nomination.

        20                  ACTING PRESIDENT MEIER:    Senator

        21       Savino.

        22                  SENATOR SAVINO:    Thank you,

        23       Mr. President.  I also am proud to stand in

        24       support of this nomination.

        25                  In my previous life as a municipal


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6616



         1       labor leader, I had the pleasure of serving

         2       with Norman Seabrook on the municipal labor

         3       committee, and I know firsthand his

         4       dedication, not just to his members of the

         5       correction officers but to the rest of the

         6       municipal workforce and, in general, the City

         7       of New York.

         8                  And he is going to bring with him

         9       to the MTA board something that is sorely

        10       lacking, and that is an in-depth understanding

        11       of the labor relations process.  So I am proud

        12       to support the nomination of Norman Seabrook.

        13                  ACTING PRESIDENT MEIER:    Senator

        14       Hassell-Thompson.

        15                  SENATOR HASSELL-THOMPSON:    Thank

        16       you, Mr. President.

        17                  Most of the words that I wanted to

        18       say on behalf of this nominee have already

        19       been spoken.  But I would like to reiterate

        20       the fact that with the kinds of problems that

        21       the MTA has been experiencing, he will bring a

        22       clarifying voice.  And I know that he will

        23       serve us well.

        24                  And as someone who represents the

        25       Bronx, I am always more than happy to see good


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6617



         1       people come out of the Bronx and do well.

         2       Congratulations.

         3                  ACTING PRESIDENT MEIER:    Any

         4       other Senator wish to be heard on the

         5       nomination?

         6                  The question, then, is on the

         7       confirmation of Norman Seabrook as a member of

         8       the Metropolitan Transportation Authority.

         9       All those in favor signify by saying aye.

        10                  (Response of "Aye.")

        11                  ACTING PRESIDENT MEIER:    Those

        12       opposed, nay.

        13                  (No response.)

        14                  ACTING PRESIDENT MEIER:    The

        15       nominee is confirmed.

        16                  Mr. Seabrook is with us today in

        17       the gallery.  Congratulations and best wishes.

        18                  (Applause.)

        19                  ACTING PRESIDENT MEIER:    The

        20       Secretary will continue to read.

        21                  THE SECRETARY:    As members of the

        22       Adirondack Park Agency, Frank L. Mezzano, of

        23       Lake Pleasant, and William H. Thomas, of North

        24       Creek.

        25                  As a member of the New York State


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6618



         1       Bridge Authority, Richard A. Gerentine, of

         2       Marlboro.

         3                  As a member of the Niagara Frontier

         4       Transportation Authority, Kevin Helfer, of

         5       Buffalo.

         6                  As members of the New York State

         7       Energy Research and Development Authority,

         8       Frank Bifera, of Slingerlands; Robert B.

         9       Catell, of Garden City; and Vincent A.

        10       Deiorio, Esquire, of White Plains.

        11                  As a member of the Ogdensburg

        12       Bridge and Port Authority, Roger Leland

        13       McBath, of Lisbon.

        14                  As members of the Port of Oswego

        15       Authority, David W. Buske, of Oswego, and

        16       Thomas W. Schneider, of Oswego.

        17                  As members of the Thruway

        18       Authority, E. Virgil Conway, of Bronxville,

        19       and Kevin J. Plunkett, of Tarrytown.

        20                  As banking members of the State

        21       Banking Board, John M. Scarchilli, of Latham;

        22       Alan Shamoon, of Great Neck; and George J.

        23       Vojta, of Bronxville.

        24                  As a public member of the State

        25       Banking Board, Daniel J. Hogarty, of Troy.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6619



         1                  As a member of the Correction

         2       Medical Review Board, Robert J. Muller, of

         3       Lake George.

         4                  As members of the Small Business

         5       Advisory Board, Terence G. McGlynn, of Sleepy

         6       Hollow, and Frank P. Naudus, of Lido Beach.

         7                  As a member of the State

         8       Environmental Board, Robert R. Quinn, of

         9       Sackets Harbor.

        10                  As a member of the board of

        11       directors of the Roosevelt Island Operating

        12       Corporation, Charlee M. Miller, of New York

        13       City.

        14                  As a member of the board of

        15       directors of the Great Lakes Protection Fund,

        16       Michael J. Elmendorf, II, of Watervliet.

        17                  As a member of the Board of

        18       Trustees of Cornell University, Jerold R.

        19       Ruderman, of Scarsdale.

        20                  As members of the Board of Trustees

        21       of the New York State Higher Education

        22       Services Corporation, W. Anthony Goodwin, of

        23       Webster, and Thomas J. Murphy, of Latham.

        24                  As a member of the State Board for

        25       Historic Preservation, Joseph J. Ryan, of


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6620



         1       Buchanan.

         2                  As members of the Empire State

         3       Plaza Art Commission, Joseph G. Perrella, of

         4       Niskayuna; Henry J. Schmidt, of Williamsville;

         5       and Arete Swartz Warren, of New York City.

         6                  As members of the Interstate

         7       Environmental Commission, Judith Baron, of

         8       Brooklyn, and Rose Trentman, of New York City.

         9                  As a member of the Long Island

        10       State Park, Recreation and Historic

        11       Preservation Commission, Bernadette Castro, of

        12       Lloyd Harbor.

        13                  As a member of the Palisades

        14       Interstate Park Commission, Barnabas McHenry,

        15       of New York City.

        16                  As a member of the Saratoga-Capital

        17       District State Parks, Recreation and Historic

        18       Preservation Commission, Paul C. Barrett, of

        19       Delmar.

        20                  As a member of the Taconic State

        21       Park, Recreation and Historic Preservation

        22       Commission, William M. Mooney, III, of

        23       Yonkers.

        24                  As members of the Thousand Islands

        25       State Park, Recreation and Historic


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6621



         1       Preservation Commission, Harold B. Johnson,

         2       II, of Watertown, and Debra L. Sephton, of

         3       Clayton.

         4                  As a member of the Republic Airport

         5       Commission, Richard H. Grant, of Farmingdale.

         6                  As members of the Stewart Airport

         7       Commission, Drew A. Kartiganer, of Newburgh;

         8       Philip J. Singara, of Hurley; and James C.

         9       Wright, of New Windsor.

        10                  As members of the Passenger Tramway

        11       Advisory Council, Russell R. Coloton, Jr., of

        12       Hunter, and Bernard P. McGarry, of Albany.

        13                  As a member of the Public Health

        14       Council, Francis J. Serbaroli, Esquire, of

        15       New York City.

        16                  As members of the State Hospital

        17       Review and Planning Council, Russell W.

        18       Bessette, M.D., of Orchard Park; Margaret M.

        19       Johnson, Esquire, of New York City; Megan

        20       Veronica Kearney, of New York City; Richard H.

        21       Ketcham, of Fredonia; Marc I. Korn, of East

        22       Amherst; and Joel M. Zinberg, of New York

        23       City.

        24                  As a member of the State Fire

        25       Prevention and Building Code Council, Thomas


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6622



         1       B. Vanderbeek, of Suffern.

         2                  As a member of the Board of

         3       Visitors of the New York State Home for

         4       Veterans and their Dependents at Batavia, D.

         5       James Mastelenis, of Wyoming.

         6                  As a member of the Board of

         7       Visitors of the Buffalo Psychiatric Center,

         8       Harold Fabinsky, of Orchard Park.

         9                  As a member of the Board of

        10       Visitors of the Elmira Psychiatric Center,

        11       Patricia Lucas, of Elmira.

        12                  As a member of the Board of

        13       Visitors of the Helen Hayes Hospital, Mary

        14       Eileen O'Brien, of Orangeburg.

        15                  As a member of the Board of

        16       Visitors of the Metro New York Developmental

        17       Disabilities Services Office, Fredricka J.

        18       Pol, of the Bronx.

        19                  As a member of the Board of

        20       Visitors of the New York State Home for

        21       Veterans and their Dependents at Oxford,

        22       Joseph J. Benenati, Jr., of Oxford.

        23                  And as a member of the Board of

        24       Visitors of the St. Lawrence Psychiatric

        25       Center, Imogene Wager, of Ogdensburg.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6623



         1                  ACTING PRESIDENT MEIER:    Senator

         2       Bonacic.

         3                  SENATOR BONACIC:    Thank you,

         4       Mr. President.

         5                  I stand in support of the names

         6       that have been recited for the appointments to

         7       the various authorities and boards.  But in

         8       particular, I want to speak to two members of

         9       the Thruway Authority, Virgil Conway and Kevin

        10       Plunkett.

        11                  Prior to these two gentlemen being

        12       confirmed for the New York State Thruway, we

        13       have not had geographical balance on the

        14       New York State Thruway.  All the members that

        15       are presently serving are from Albany north.

        16                  Just recently, within the past two

        17       months, there was a decision made that the

        18       New York State Thruway has given a one-year

        19       notice not to take care of the maintenance on

        20       Interstate I-84, and they want to turn that

        21       over to the Department of Transportation.

        22                  Now, I traveled that road every day

        23       when it was maintained by the Department of

        24       Transportation, and I can tell you it was not

        25       maintained properly.  There were safety


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6624



         1       concerns with snowplowing and ice and poor

         2       maintenance throughout the seasons.  When the

         3       New York State Thruway took it over, we saw a

         4       change for the best in the way I-84 was

         5       maintained.

         6                  And as these two gentlemen now

         7       serve or will be serving shortly on the

         8       New York State Thruway, I am telling them

         9       today that I, and I believe other

        10       representatives of the Mid-Hudson area, will

        11       oppose the New York State Thruway turning over

        12       maintenance to the Department of

        13       Transportation.

        14                  I congratulate all of the members

        15       that are being appointed today, and I wish

        16       them well in their mission.

        17                  Thank you, Mr. President.

        18                  ACTING PRESIDENT MEIER:    The

        19       question is on the confirmation of the

        20       nominees.  All those in favor signify by

        21       saying aye.

        22                  (Response of "Aye.")

        23                  ACTING PRESIDENT MEIER:    Those

        24       opposed, nay.

        25                  (No response.)


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6625



         1                  ACTING PRESIDENT MEIER:    The

         2       nominees are confirmed.

         3                  Senator Fuschillo.

         4                  SENATOR FUSCHILLO:     Mr.

         5       President, there will be a meeting of the

         6       Rules Committee in the Majority Conference

         7       Room.

         8                  ACTING PRESIDENT MEIER:    Meeting

         9       of the Rules Committee in the Majority

        10       Conference Room.

        11                  Senator Fuschillo.

        12                  SENATOR FUSCHILLO:    The Senate

        13       will stand at ease pending the report.

        14                  ACTING PRESIDENT MEIER:    The

        15       Senate will stand at ease.

        16                  (Whereupon, the Senate stood at

        17       ease at 2:26 p.m.)

        18                  (Whereupon, the Senate reconvened

        19       at 2:46 p.m.)

        20                  ACTING PRESIDENT MEIER:    Senator

        21       Skelos.

        22                  SENATOR SKELOS:    Mr. President,

        23       if we could return to reports of standing

        24       committees, there's a report of the Rules

        25       Committee at the desk.  I ask that it be read.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6626



         1                  ACTING PRESIDENT MEIER:    Reports

         2       of standing committees.

         3                  The Secretary will read the report

         4       of the Rules Committee.

         5                  THE SECRETARY:    Senator Bruno,

         6       from the Committee on Rules, reports the

         7       following bills:

         8                  Senate Print 8513A, by Senator

         9       Libous, an act to establish the Flood

        10       Assessment Relief Act of 2006;

        11                  8515, by Senator Golden, an act to

        12       amend the Penal Law;

        13                  And Senate Print 8518, by the

        14       Senate Committee on Rules, an act to amend the

        15       Vehicle and Traffic Law and the Penal Law.

        16                  All bills ordered direct to third

        17       reading.

        18                  SENATOR SKELOS:    Move we accept

        19       the report of the Rules Committee.

        20                  ACTING PRESIDENT MEIER:    All

        21       those in favor of accepting the report of the

        22       Rules Committee signify by saying aye.

        23                  (Response of "Aye.")

        24                  ACTING PRESIDENT MEIER:    Those

        25       opposed, nay.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6627



         1                  (No response.)

         2                  ACTING PRESIDENT MEIER:    The

         3       report is accepted.

         4                  Senator Skelos.

         5                  SENATOR SKELOS:    Mr. President,

         6       if we could take up the Rules Committee,

         7       noncontroversial.

         8                  ACTING PRESIDENT MEIER:    The

         9       Secretary will conduct the noncontroversial

        10       reading of the Rules report.

        11                  THE SECRETARY:    Calendar Number

        12       2268, by Senator Libous, Senate Print 8513A,

        13       an act to establish the Flood Assessment

        14       Relief Act of 2006.

        15                  ACTING PRESIDENT MEIER:    Read the

        16       last section.

        17                  THE SECRETARY:    Section 5.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT MEIER:    Call the

        20       roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 60.

        23                  ACTING PRESIDENT MEIER:    The bill

        24       is passed.

        25                  THE SECRETARY:    Calendar Number


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6628



         1       2269, by Senator Golden, Senate Print 8515, an

         2       act to amend the Penal Law.

         3                  ACTING PRESIDENT MEIER:    Read the

         4       last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  ACTING PRESIDENT MEIER:    Call the

         8       roll.

         9                  (The Secretary called the roll.)

        10                  THE SECRETARY:    Ayes, 60.

        11                  ACTING PRESIDENT MEIER:    The bill

        12       is passed.

        13                  THE SECRETARY:    Calendar Number

        14       2270, by the Senate Committee on Rules, Senate

        15       Print 8518, an act to amend the Vehicle and

        16       Traffic Law and the Penal Law.

        17                  ACTING PRESIDENT MEIER:    Read the

        18       last section.

        19                  THE SECRETARY:    Section 7.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT MEIER:    Call the

        22       roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 60.

        25                  ACTING PRESIDENT MEIER:    The bill


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6629



         1       is passed.

         2                  Senator Skelos.

         3                  SENATOR SKELOS:    Mr. President, I

         4       believe Calendar Number 2268 is not live at

         5       this time.

         6                  ACTING PRESIDENT MEIER:    That's

         7       correct, Senator.

         8                  SENATOR SKELOS:    So I guess if

         9       we'd move to reconsider the vote by which it

        10       shouldn't have passed.

        11                  ACTING PRESIDENT MEIER:    The

        12       Secretary will call the roll on

        13       reconsideration on S2268.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 60.

        16                  ACTING PRESIDENT MEIER:    Lay the

        17       bill aside.

        18                  SENATOR BALBONI:    Mr. President.

        19                  ACTING PRESIDENT MEIER:    Senator

        20       Balboni.

        21                  SENATOR BALBONI:    Yes, could you

        22       please take up Calendar Number 2268.

        23                  ACTING PRESIDENT MEIER:    The

        24       Secretary will read Senate Bill 2268.

        25                  THE SECRETARY:    Calendar Number


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6630



         1       2268, by Senator Libous, Senate Print 8513A,

         2       an act to establish.

         3                  SENATOR BALBONI:    Mr. President,

         4       is there a message of necessity at the desk?

         5                  ACTING PRESIDENT MEIER:    Yes,

         6       there is.

         7                  SENATOR BALBONI:    I would move to

         8       take up the message.

         9                  ACTING PRESIDENT MEIER:    All

        10       those in favor of accepting the message of

        11       necessity signify by saying aye.

        12                  (Response of "Aye.")

        13                  ACTING PRESIDENT MEIER:    Those

        14       opposed, nay.

        15                  (No response.)

        16                  ACTING PRESIDENT MEIER:    The

        17       message is accepted.

        18                  The bill is before the house.

        19                  The Secretary will read the last

        20       section.

        21                  THE SECRETARY:    Section 5.  This

        22       act shall take effect immediately.

        23                  ACTING PRESIDENT MEIER:    Call the

        24       roll.

        25                  (The Secretary called the roll.)


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6631



         1                  THE SECRETARY:    Ayes, 60.

         2                  ACTING PRESIDENT MEIER:    The bill

         3       is passed.

         4                  SENATOR BALBONI:    Mr. President,

         5       after we all say happy birthday to Suzi

         6       Oppenheimer, we'd like to just stand in recess

         7       for a minute.

         8                  ACTING PRESIDENT MEIER:    The

         9       Senate will stand at ease.

        10                  Senator Schneiderman.

        11                  SENATOR SCHNEIDERMAN:    If I could

        12       be heard on that, Mr. President.

        13                  Indeed, this is a day where we're

        14       facing many difficulties.  But certainly those

        15       difficulties would be harder to face if we

        16       were not in the presence of our wonderful

        17       colleague, Senator Oppenheimer, who has to

        18       leave now for a round-the-world tour of

        19       birthday festivities, I believe, but will be

        20       with us for a while longer today.  Happy

        21       birthday.

        22                  ACTING PRESIDENT MEIER:    Happy

        23       birthday, Senator.

        24                  The Senate will stand at ease.

        25                  (Whereupon, the Senate stood at


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6632



         1       ease at 3:01 p.m.)

         2                  ACTING SENATOR FLANAGAN:    Senator

         3       Skelos.

         4                  SENATOR SKELOS:    Mr. President,

         5       there will be an immediate meeting of the

         6       Finance Committee in the Majority Conference

         7       Room.

         8                  ACTING SENATOR FLANAGAN:    Thank

         9       you.

        10                  (Whereupon, the Senate reconvened

        11       at 4:15 p.m.)

        12                  SENATOR SKELOS:    Mr. President.

        13                  ACTING PRESIDENT MAZIARZ:

        14       Senator Skelos.

        15                  SENATOR SKELOS:    Mr. President,

        16       if we could return to reports of standing

        17       committees, there's a report of the Finance

        18       Committee at the desk.  I would ask that it be

        19       read at this time.

        20                  ACTING PRESIDENT MAZIARZ:

        21       Reports of standing committees.

        22                  The Secretary will read.

        23                  THE SECRETARY:    Senator Johnson,

        24       from the Committee on Finance, reports the

        25       following nomination.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6633



         1                  As Welfare Inspector General, Brian

         2       P. Sanvidge, of Troy.

         3                  ACTING PRESIDENT MAZIARZ:

         4       Senator Johnson.

         5                  SENATOR JOHNSON:    Move the

         6       nomination.

         7                  ACTING PRESIDENT MAZIARZ:    All

         8       those in favor of the confirmation of Brian P.

         9       Sanvidge, of Troy, as Welfare Inspector

        10       General signify by saying aye.

        11                  (Response of "Aye.")

        12                  ACTING PRESIDENT MAZIARZ:    Those

        13       opposed, nay.

        14                  (No response.)

        15                  ACTING PRESIDENT MAZIARZ:    The

        16       nominee, Brian P. Sanvidge, is hereby

        17       confirmed as Welfare Inspector General.

        18                  We are joined today by the nominee,

        19       Brian, of course; his mom, Edna Sanvidge; his

        20       brother Kelly; his brother Jack; his friend

        21       Christina Spinelli; and his sister-in-law,

        22       Kathleen Sanvidge.

        23                  Brian, congratulations.  You have a

        24       very big job --

        25                  (Applause.)


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6634



         1                  ACTING PRESIDENT MAZIARZ:    You

         2       have a very big job ahead of you.  And you've

         3       done a great job in the Department of Labor,

         4       and we certainly wish you all the best.  Thank

         5       you.

         6                  Senator Skelos.

         7                  SENATOR SKELOS:    Mr. President,

         8       if we could continue with the Finance

         9       Committee nominations.

        10                  ACTING PRESIDENT MAZIARZ:    The

        11       Secretary will read.

        12                  THE SECRETARY:    Senator Johnson,

        13       from the Committee on Finance, reports the

        14       following nominations.

        15                  As members of the Board of Trustees

        16       of the City University of New York, Sam

        17       (Solomon A.) Sutton, of Brooklyn, and Jeffrey

        18       S. Wiesenfeld, of Great Neck.

        19                  ACTING PRESIDENT MAZIARZ:

        20       Senator Johnson.

        21                  SENATOR JOHNSON:    Move the

        22       nominations.

        23                  ACTING PRESIDENT MAZIARZ:    All

        24       those in favor of the confirmation of Sam

        25       Sutton, of Brooklyn, and Jeffrey Wiesenfeld,


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6635



         1       of Great Neck, as trustees of the City

         2       University of New York --

         3                  Senator Golden.

         4                  SENATOR GOLDEN:    Thank you,

         5       Mr. President.

         6                  I rise today to second the

         7       nomination of my good friend Sam Sutton as a

         8       member of the City University Board of

         9       Trustees.

        10                  When I met Sam some years ago, I

        11       was deeply moved by his dedication to

        12       education and his philanthropic work in the

        13       Sephardic community.  Sam Sutton has a highly

        14       regarded reputation in the community due to

        15       his dedication to improving and expanding

        16       educational opportunities for working

        17       families.  As president of Bikur Holim, a

        18       premier community-based social service

        19       organization, Sam takes time from his

        20       successful business to volunteer over 20 hours

        21       per week to help those in need.

        22                  Sam's work extends to his home --

        23       beyond his home and also into his home, for

        24       him and his family, as he's touched the lives

        25       of nearly a dozen foster children, many of


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6636



         1       whom were placed with him for extended periods

         2       of time.

         3                  Vision is an appropriate term to

         4       describe his philosophy in helping New York's

         5       working families to afford the cost of an

         6       education.  Last year, Sam and I, along with

         7       thousands of parents, students and educators,

         8       worked to help the parents pay for educational

         9       expenses by working to get a childcare tax

        10       credit here in the State of New York.

        11                  These acts of philanthropy

        12       exemplify the vision and commitment that Sam

        13       Sutton will bring to the CUNY Board of

        14       Trustees.  And today it's my honor to support

        15       Sam Sutton as a member of the CUNY Board of

        16       Trustees, as well as Jeff Wiesenfeld, who I

        17       also second today his nomination as a member

        18       of the City University Board of Trustees.

        19                  And since 1999, Jeff has played an

        20       active role in restoring the City University

        21       of New York back into a premier system of

        22       higher education.  Today CUNY is once again

        23       attracting and producing the best and the

        24       brightest students, from Rhodes Scholars Lev

        25       Sviridov and Eugene Shenderov to recent Truman


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6637



         1       Fellows in Intel Science first-prize winners.

         2       Jeff Wiesenfeld shares the accolades of those

         3       fine students.

         4                  In addition to his extensive

         5       background in higher education, Jeff's service

         6       to the State of New York has been exemplary

         7       and makes him worthy of being named to the

         8       City University Board of Trustees.  Jeff has

         9       been active for many years in our community

        10       and is a strong voice for those causes in

        11       which he believes.  Active with many local and

        12       national organizations, he possesses a high

        13       level of caring and involvement.

        14                  I congratulate Jeff and Sam and

        15       wish them both great success as they are named

        16       to the City University of New York Board of

        17       Trustees.

        18                  Thank you, Mr. President.

        19                  ACTING PRESIDENT MAZIARZ:    Thank

        20       you, Senator.

        21                  Senator Balboni.

        22                  SENATOR BALBONI:    Mr. President,

        23       as you know, the island of Manhattan is

        24       densely populated and a huge place.  So what

        25       would be the chances of walking down the


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6638



         1       street and having to run into one of our

         2       nominees here just the other day?  Well,

         3       that's what happened with Jeff and I.

         4                  And that's the thing about Jeff; he

         5       is ubiquitous.  He is everywhere.  But he is

         6       so focused and passionate about education.

         7       He's been a huge agent for positive change at

         8       CUNY the last couple of years.  And I believe

         9       that this reappointment is going to continue

        10       CUNY's evolution towards excellence, and so I

        11       wholeheartedly support that nomination.

        12                  And for the other nominee, I'd just

        13       like to send greetings from a legislator from

        14       Nassau County, Craig Johnson, who believes

        15       that this is another great reappointment.

        16                  I support both of them heartily,

        17       Mr. President.

        18                  ACTING PRESIDENT MAZIARZ:    Thank

        19       you, Senator Balboni.

        20                  Senator Parker.

        21                  SENATOR PARKER:    Thank you very

        22       much, Mr. President.

        23                  I'm actually rising to add my voice

        24       to the chorus of those who are congratulating

        25       these new additions to the CUNY board.  In


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6639



         1       particular, Sam Sutton, who has worked very

         2       closely in my district, is a leader in the

         3       Jewish community and somebody who cares deeply

         4       about education.

         5                  And so I think we're doing a great

         6       thing today for the state, for the City

         7       University, and for the students who are going

         8       to benefit from these new additions to the

         9       CUNY board.

        10                  ACTING PRESIDENT MAZIARZ:    Thank

        11       you, Senator Parker.

        12                  Senator Maltese.

        13                  SENATOR MALTESE:    Mr. President,

        14       I too commend the Governor on his choice of

        15       two distinguishes nominees for the Board of

        16       Trustees.

        17                  I want to speak particularly on

        18       Jeff Wiesenfeld.  I've known Jeff for very,

        19       very many years, through many of his positions

        20       of public service, whether it was working for

        21       Senator D'Amato or Governor Pataki, Queens

        22       Borough President Claire Shulman, Queens

        23       Congressman Tom Manton.

        24                  Through all these stages of his

        25       career, he has always been a very dedicated


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6640



         1       public servant.  He shows that again by his

         2       service on the many, many nonprofit boards,

         3       particularly the Crohn's and Colitis

         4       Foundation and the Yiddish theater.

         5                  As a former resident of downtown

         6       Manhattan and a devotee of the Yiddish theater

         7       and Molly Picon and Menashe Skolnik, I commend

         8       him for that.  And it is an important part of

         9       education, tradition and background.

        10                  But his service on the Board of

        11       Trustees has been over a great many years --

        12       nine years now, I believe, nine-plus years --

        13       and he continued in his role as a trustee the

        14       great traditions of the chairman of CUNY Anne

        15       Paolucci, from 1996 and '97 as chairman,

        16       certainly Herman Badillo, and Benno Schmidt.

        17                  He is a great public servant, a

        18       great educator, and I wish to commend the

        19       Governor and Jeff Wiesenfeld in his future

        20       duties as a trustee of CUNY.

        21                  ACTING PRESIDENT MAZIARZ:    Thank

        22       you, Senator Maltese.

        23                  Senator Morahan.

        24                  SENATOR MORAHAN:    Thank you,

        25       Mr. President.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6641



         1                  I rise also to lend my support to

         2       the renomination or to the confirmation,

         3       rather, of Jeff Wiesenfeld as a trustee of

         4       CUNY.

         5                  Several years ago, when Jeff was

         6       first appointed and nominated by the governor,

         7       Governor Pataki, and then confirmed by this

         8       Senate, there was great expectation and great

         9       challenge for Jeff as to the duties that he

        10       would assume and the challenges that he would

        11       face.

        12                  I'm happy to report, from all that

        13       I know and all that's been reported to me,

        14       that he has continued to do what was expected,

        15       he has turned the college around, he has

        16       started to bring CUNY back into one of the top

        17       schools in the nation.  And I think that's a

        18       great tradition that we've had in the city of

        19       New York.

        20                  And I just want to congratulate

        21       Jeff on this confirmation and say a job well

        22       done deserves another term.  And

        23       congratulations, Jeff.

        24                  Thank you.

        25                  ACTING PRESIDENT MAZIARZ:    Thank


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6642



         1       you, Senator Morahan.

         2                  Senator Stavisky.

         3                  SENATOR STAVISKY:    Thank you,

         4       Mr. President.  I too want to congratulate

         5       these two nominees.

         6                  To Sam Sutton, who provides

         7       recognition not only for himself but the

         8       Sephardic community, he has great potential as

         9       a CUNY trustee, and I'm convinced he will be

        10       an outstanding one.

        11                  And as far as Jeff Wiesenfeld is

        12       concerned, the former borough president,

        13       Claire Shulman, called me the other day and

        14       said, "Be sure that you consider Jeff's

        15       nomination."

        16                  Jeff has brought passion -- which

        17       is the word that Eliot Spitzer has been

        18       using -- he has brought passion back to

        19       government.  Jeff is passionate about Queens

        20       College.

        21                  But I want to relate a little

        22       incident that I don't know if Jeff remembers,

        23       but I never forgot:  his kindness toward my

        24       husband about ten years ago.  Jeff was working

        25       for Governor Pataki at the time.  There was --


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6643



         1       I believe it was a bill signing at the office

         2       building on Third Avenue concerning Holocaust

         3       survivors.  And the people were gathering and

         4       Leonard was having some trouble walking.  He

         5       had just had surgery.  And Jeff went out of

         6       his way to be kind and considerate toward

         7       Leonard, which I never forgot.  And neither

         8       did Leonard.

         9                  This was an important issue to him

        10       because he is, I believe, the son of Holocaust

        11       survivors, and this was for reparation monies

        12       provided by the state.

        13                  So I congratulate Jeff.  And I know

        14       he's done an outstanding job in the past and

        15       he's going to continue to bring passion, which

        16       is so sorely missing, as well an intelligent

        17       and a good attitude toward CUNY.  I am very

        18       proud of the CUNY system.  I think it is a

        19       great institution that's going to be even

        20       greater in the years ahead under Chancellor

        21       Goldstein.

        22                  So I look forward to working with

        23       these two gentlemen in the years ahead.

        24                  Thank you.

        25                  ACTING PRESIDENT MAZIARZ:    Thank


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6644



         1       you, Senator Stavisky.

         2                  Senator Carl Kruger.

         3                  SENATOR KRUGER:    Mr. President,

         4       today, as so many have looked for so long at

         5       the City University system with a sense of

         6       cynicism and despair and questioned where it

         7       was going, we've learned that the leadership

         8       that Jeff has offered and now, with the

         9       combined efforts that Sam will bring to the

        10       table, will further amplify our mission and

        11       our statement that City University is moving

        12       in the right direction, that it has regained

        13       traction, and it has become one of the premier

        14       institutions that it all so often was before.

        15                  So today, as we confirm these two

        16       nominees, we send out a very clear and

        17       compelling message to all those naysayers for

        18       so long that questioned our motives and our

        19       intentions of City University.  City

        20       University is alive, it's doing well, and

        21       under this combined leadership will offer a

        22       new generation of change and inspiration.

        23                  Thank you.

        24                  ACTING PRESIDENT MAZIARZ:    Thank

        25       you, Senator Kruger.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6645



         1                  All those in favor of the

         2       confirmation of the nomination of Sam (Solomon

         3       A.) Sutton, of Brooklyn, and Jeffrey S.

         4       Wiesenfeld, of Great Neck, for appointments to

         5       the Board of Trustees of the City University

         6       of New York signify by saying aye.

         7                  (Response of "Aye.")

         8                  ACTING PRESIDENT MAZIARZ:    Those

         9       opposed, nay.

        10                  (No response.)

        11                  ACTING PRESIDENT MAZIARZ:    The

        12       nominations are confirmed.

        13                  Gentlemen, congratulations.

        14                  Oh, I'm sorry.  Senator Krueger.

        15                  SENATOR LIZ KRUEGER:    Thank you

        16       very much.

        17                  I just wanted to make sure I was on

        18       record that I am not able to endorse the

        19       reappointment of Jeffrey Wiesenfeld to the

        20       CUNY board.  So I would like to be recorded in

        21       the negative on that one individual.

        22                  Thank you.

        23                  ACTING PRESIDENT MAZIARZ:    I'm

        24       sorry, Senator Krueger.  Recorded in the

        25       negative on which one of the two?


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6646



         1                  SENATOR LIZ KRUEGER:    On Jeffrey

         2       Wiesenfeld.

         3                  ACTING PRESIDENT MAZIARZ:    That

         4       will be noted in the record.

         5                  Senator Schneiderman.

         6                  SENATOR SCHNEIDERMAN:    I'm going

         7       to join my colleague Senator Krueger in voting

         8       yes on one nominee and no on Mr. Wiesenfeld.

         9                  ACTING PRESIDENT MAZIARZ:

        10       Senator Schneiderman, could you indicate which

        11       one was the affirmative?

        12                  SENATOR SCHNEIDERMAN:    Yes on

        13       Mr. Sutton.

        14                  ACTING PRESIDENT MAZIARZ:    Mr.

        15       Sutton was in the affirmative or in the

        16       negative?

        17                  Mr. Sutton in the affirmative.

        18       Mr. Wiesenfeld is in the negative.

        19                  Anyone else?  Okay.  Both of these

        20       nominees are confirmed.

        21                  Congratulations, Sam Sutton and

        22       Jeffrey Wiesenfeld, and good luck in your

        23       appointments.  Thank you very much.

        24                  (Applause.)

        25                  ACTING PRESIDENT MAZIARZ:


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6647



         1       Senator Skelos.

         2                  SENATOR SKELOS:    Mr. President,

         3       there will be an immediate conference of the

         4       Majority in the Majority Conference Room, and

         5       the Senate will stand at ease.

         6                  ACTING PRESIDENT MAZIARZ:

         7       Immediate conference of the Majority in

         8       Room 332.

         9                  And there is also a conference of

        10       the Minority in the Minority Conference Room.

        11                  SENATOR SCHNEIDERMAN:    Thank you,

        12       Mr. President.

        13                  ACTING PRESIDENT MAZIARZ:    The

        14       Senate will stand at ease.

        15                  (Whereupon, the Senate stood at

        16       ease at 4:35 p.m.)

        17                  (Whereupon, the Senate reconvened

        18       at 7:10 p.m.)

        19                  SENATOR SKELOS:    Mr. President.

        20                  ACTING PRESIDENT MEIER:     Senator

        21       Skelos.

        22                  SENATOR SKELOS:    Mr. President,

        23       if we could return to reports of standing

        24       committees, there's a report of the Judiciary

        25       Committee at the desk.  If we could take it up


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6648



         1       at this time.

         2                  ACTING PRESIDENT MEIER:    Reports

         3       of standing committees.

         4                  The Secretary will read the report

         5       of the Judiciary Committee.

         6                  THE SECRETARY:    Senator

         7       DeFrancisco, from the Committee on Judiciary,

         8       reports the following nominations.

         9                  As Interim Supreme Court Justice of

        10       the Tenth Judicial District, Honorable John N.

        11       Byrne, of the Bronx.

        12                  ACTING PRESIDENT MEIER:    Senator

        13       DeFrancisco.

        14                  SENATOR DeFRANCISCO:    Thank you,

        15       Mr. President.

        16                  Each of the nominees that are going

        17       to be put forward this evening, their

        18       qualifications have been fully reviewed and

        19       they have all appeared before the Senate

        20       Judiciary Committee and been unanimously

        21       passed on to this full body for our

        22       consideration.

        23                  The first nominee, Honorable John

        24       N. Byrne, has more experience in trial work

        25       and being a trial judge than just about


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6649



         1       anybody that I've had come before the

         2       committee.  He is being nominated by the

         3       Governor as an interim Supreme Court justice

         4       of the Tenth Judicial District.  And I move

         5       his nomination before this full body at this

         6       time.

         7                  ACTING PRESIDENT MEIER:    All

         8       those in favor of the confirmation of

         9       Honorable John Byrne as a justice of the

        10       Supreme Court signify by saying aye.

        11                  (Response of "Aye.")

        12                  ACTING PRESIDENT MEIER:    Those

        13       opposed, nay.

        14                  (No response.)

        15                  ACTING PRESIDENT MEIER:    The

        16       nominee is confirmed.

        17                  Justice Byrne is with us today in

        18       the gallery.  And we congratulate you and we

        19       wish you well with your duties.

        20                  (Applause.)

        21                  THE SECRETARY:    As Interim

        22       Supreme Court Justice of the Eighth Judicial

        23       District, Honorable Frank Caruso, of Kenmore.

        24                  ACTING PRESIDENT MEIER:    Senator

        25       DeFrancisco.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6650



         1                  SENATOR DeFRANCISCO:    You know, I

         2       meant to say this before we got started, and I

         3       apologize to all the nominees.  But if you

         4       remember, when we first spoke before you went

         5       through the nomination process, that I gave

         6       you all a warning.

         7                  And believe me, none of the delays

         8       were due to your fault; it's just that other

         9       business take place in the Senate while people

        10       are waiting for their name to come before this

        11       full body.  So I apologize on behalf of the

        12       entire Senate for the delay.

        13                  Honorable Frank Caruso is being

        14       nominated by the Governor as interim Supreme

        15       Court justice of the Eighth Judicial District.

        16       And I move his nomination and call on Senator

        17       Maziarz to second the nomination, if you'd

        18       please recognize him, Mr. President.

        19                  ACTING PRESIDENT MEIER:    Senator

        20       Maziarz.

        21                  SENATOR MAZIARZ:    Thank you very

        22       much, Mr. President and Senator DeFrancisco.

        23                  It's an honor for me to speak on

        24       behalf of this nominee, Frank Caruso.  I've

        25       known Frank for a number of years now, been


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6651



         1       associated with him both professionally and

         2       personally.  And I think that the Governor

         3       could not have made a better choice for this

         4       position of Supreme Court justice.

         5                  Judge Caruso has served for many

         6       years in the town of Tonawanda as a local

         7       justice there, has done an excellent job, and

         8       recognized by many organizations throughout

         9       all of Western New York for his hard work, not

        10       just on the bench but for his work with the

        11       community, his community involvement.

        12                  He's a really topnotch person.

        13       He's got a great family; wife, Paula.  Just a

        14       really good person.

        15                  And I proudly second this

        16       nomination, Mr. President.

        17                  ACTING PRESIDENT MEIER:    Senator

        18       Rath.

        19                  SENATOR RATH:    Mr. Chairman, I

        20       would also like to second Judge Caruso's

        21       nomination.

        22                  The Governor, in his wisdom, has

        23       appointed a very fine jurist, a very fine

        24       person, the kind of person that the bench and

        25       the bar unanimously were very anxious to be


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6652



         1       sure that Judge Caruso was here, confirmed,

         2       and has an opportunity to serve our community

         3       in this new role, as he has served it in the

         4       past in so many various roles with such great

         5       distinction.

         6                  So my highest commendation to the

         7       Governor.  And congratulations, Judge.

         8                  ACTING PRESIDENT MEIER:    Senator

         9       Coppola.

        10                  SENATOR COPPOLA:    Thank you,

        11       Mr. President.

        12                  It's my honor and pleasure to rise

        13       in support of the nominee, Honorable Frank

        14       Caruso, for this position.

        15                  Frank is a very close personal

        16       friend of mine.  I've known him for many

        17       years.  And I can tell you all that he is a

        18       wonderful person, family man, a father, a

        19       husband.  I congratulate him on this

        20       appointment; his wife, Paula, who's here with

        21       him.

        22                  I know that he'll make a great

        23       addition to the Supreme Court.  Anybody who

        24       comes in contact with Judge Caruso would tell

        25       you that they think he is a great lawyer and a


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6653



         1       great judge.  And as Senator Maziarz said,

         2       there is nobody more deserving.

         3                  And I applaud the Governor for this

         4       wonderful appointment, and I congratulate

         5       Judge Caruso.  And I vote yes.

         6                  ACTING PRESIDENT MEIER:    Senator

         7       Volker.

         8                  SENATOR VOLKER:    Let me just say

         9       that Frank Caruso is a long-time friend of

        10       mine, has been a very good judge up until this

        11       time, and I can assure everybody that he'll be

        12       a super addition to the Supreme Court.

        13                  It's a great nomination, and I

        14       congratulate you, Frank, and good luck.

        15                  ACTING PRESIDENT MEIER:    The

        16       question is on the confirmation of Honorable

        17       Frank Caruso as interim justice of the Supreme

        18       Court.  All those in favor signify by saying

        19       aye.

        20                  (Response of "Aye.")

        21                  ACTING PRESIDENT MEIER:    Those

        22       opposed, nay.

        23                  (No response.)

        24                  ACTING PRESIDENT MEIER:    The

        25       nominee is confirmed.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6654



         1                  Justice Caruso is with us today in

         2       the gallery.  We congratulate you, Judge, and

         3       wish you well.

         4                  (Applause.)

         5                  ACTING PRESIDENT MEIER:    The

         6       Secretary will continue to read.

         7                  THE SECRETARY:    As Westchester

         8       County Family Court Judge, Honorable Charles

         9       F. Devlin, of Chappaqua.

        10                  ACTING PRESIDENT MEIER:    Senator

        11       DeFrancisco.

        12                  SENATOR DeFRANCISCO:    I move the

        13       nomination of Honorable Charles F. Devlin, of

        14       Chappaqua, as Westchester County Family Court

        15       judge.

        16                  And I'd request that you please

        17       recognize Senator Spano for a second.

        18                  ACTING PRESIDENT MEIER:    Senator

        19       Spano.

        20                  SENATOR SPANO:    Thank you,

        21       Mr. President.

        22                  It's my pleasure to second the

        23       nomination of Charlie Devlin as a Family Court

        24       judge from Westchester County.

        25                  I've had the opportunity to know


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6655



         1       and work very closely with Judge Devlin for a

         2       long time.  He has been a career professional

         3       in our court system and is an expert on

         4       guardianship matters, on elder law, on helping

         5       people with disabilities, on dealing with

         6       people who are incapacitated.  And in each of

         7       those areas, he has excelled.

         8                  As a member of the county court, he

         9       has made us proud.  Serving as an acting

        10       member of the Supreme Court, he has also

        11       continued to excel in everything that he has

        12       done.  And now he will put that same type of

        13       experience in dealing with issues that are so

        14       sensitive for family members as a member of

        15       the Family Court.

        16                  So it is appropriate and it's a

        17       pleasure for me, probably in my final time

        18       that I will speak as a member of this body, to

        19       speak in favor of someone who has been such an

        20       outstanding person, a great member of the bar

        21       and a great judge from Westchester County, and

        22       second the nomination of Judge Charles Devlin

        23       for Family Court judge.

        24                  Thank you, Mr. President.

        25                  ACTING PRESIDENT MEIER:    Any


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6656



         1       other Senator wish to be heard on the

         2       nomination?

         3                  The question, then, is on the

         4       confirmation of Charles F. Devlin as a judge

         5       of the Westchester County Family Court.  All

         6       those in favor say aye.

         7                  (Response of "Aye.")

         8                  ACTING PRESIDENT MEIER:    Those

         9       opposed, nay.

        10                  (No response.)

        11                  ACTING PRESIDENT MEIER:    The

        12       nominee is confirmed.

        13                  Judge Devlin is with us today in

        14       the gallery.  We congratulate you, Judge, and

        15       wish you well with your duties.

        16                  (Applause.)

        17                  ACTING PRESIDENT MEIER:    The

        18       Secretary will read.

        19                  THE SECRETARY:    As a judge of the

        20       Court of Claims, Honorable Thomas A. Adams, of

        21       Rockville Centre.

        22                  ACTING PRESIDENT MEIER:    Senator

        23       DeFrancisco.

        24                  SENATOR DeFRANCISCO:    Yes, I rise

        25       to move the nomination of Honorable Thomas A.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6657



         1       Adams, also known as Adamo, as a judge of the

         2       Court of Claims.

         3                  And I'd request that you call on

         4       Senator Skelos to second the nomination.

         5                  ACTING PRESIDENT MEIER:    Senator

         6       Skelos.

         7                  SENATOR SKELOS:    Thank you,

         8       Mr. President.

         9                  It's my pleasure to nominate and

        10       second the nomination of Judge Tom Adams.

        11       I've had the pleasure of knowing Tom and his

        12       wife Joann, who is here, I would say for about

        13       30 years.  They have a wonderful family.

        14       Their two children are attorneys.

        15                  Tom's entire life has been

        16       committed to working within our judicial

        17       system -- as a young district attorney, as a

        18       law secretary, as a district court judge,

        19       Supreme Court judge, served on the appellate

        20       division.  And now the Governor is appointing

        21       him, for which I'm most grateful, to the Court

        22       of Claims.  And I thank Senator Bruno also for

        23       his support.

        24                  But with all the credentials -- and

        25       people can have wonderful qualifications -- I


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6658



         1       think the most important thing, when you talk

         2       about Tom Adams, is his temperament.  I have

         3       never heard any lawyer, active, practicing

         4       attorney say anything bad, harsh about Tom

         5       Adams.  Anything -- all I've ever heard is how

         6       he's treated all litigants with respect.  And

         7       certainly I think that is most telling on why

         8       we should be supporting the nomination of Tom

         9       Adams to the Court of Claims.

        10                  So, Tom, I congratulate you -- we

        11       have to vote first -- I congratulate you, and

        12       I know you're going to be a great judge on the

        13       Court of Claims.

        14                  ACTING PRESIDENT MEIER:    Senator

        15       Hannon.

        16                  SENATOR HANNON:    Yes, I'd like to

        17       rise and echo the remarks that Senator Skelos

        18       has made.

        19                  I've had occasion in recent years

        20       to be in a couple of occasions where Justice

        21       Adams was speaking, explaining points of law,

        22       explaining points of appellate procedure.  And

        23       I thought he had both great insight, great

        24       learning experience for members of the bar,

        25       and he did it in such a clear way to allow


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6659



         1       people to comprehend the process and

         2       understand how, when it's well done, it can be

         3       so successful.

         4                  And this is coming from a judge

         5       who's been sitting on a court that has been

         6       especially hardworking in recent years, so

         7       hardworking they've overcome everybody saying

         8       that they're well behind in their workload.

         9       They've caught up, they're doing a great job.

        10                  So I think that one of the most

        11       outstanding choices that we have tonight in

        12       terms of votes is Tom Adams.

        13                  And I congratulate you, and I think

        14       you've still got to wait till we vote.

        15                  ACTING PRESIDENT MEIER:    Senator

        16       Marcellino.

        17                  SENATOR MARCELLINO:    Thank you,

        18       Mr. President.

        19                  I rise to congratulate Judge Adams

        20       on his appointment.  And I think the Governor

        21       has made a wise choice.

        22                  I've known Tom before he became a

        23       judge in the Supreme Court and watched him

        24       throughout his career on the bench.  He's a

        25       fine person, good family person.  Not such a


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6660



         1       great golfer, but a good guy.  And it's been a

         2       pleasure to know him.  And I know he will do

         3       very, very well in the Court of Claims and

         4       serve the state well and the people of this

         5       state.

         6                  Congratulations, Tom.

         7                  ACTING PRESIDENT MEIER:    Senator

         8       Fuschillo.

         9                  SENATOR FUSCHILLO:    Let me just

        10       concur with the comments from my colleagues.

        11                  I know he's an outstanding jurist.

        12       But as an individual, he's incredible.  Him

        13       and his family truly care about their

        14       community.  He's worked hard his entire life

        15       to make it a better place.

        16                  This is an outstanding appointment

        17       and recommendation by the Governor, and I'm

        18       proud to get up and second the nomination.

        19                  ACTING PRESIDENT MEIER:    Senator

        20       LaValle.

        21                  SENATOR LaVALLE:    Mr. President,

        22       I would like to add my voice from Suffolk

        23       County to those of my colleagues from Nassau

        24       about the judge-to-be of the Court of Claims,

        25       because he is everything that Senator Skelos


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6661



         1       said in terms of legal scholarship but,

         2       equally as important, he has the right

         3       judicial temperament.

         4                  And his good work has traveled all

         5       the way to the far reaches of Suffolk County,

         6       so it's a pleasure to second his nomination.

         7                  ACTING PRESIDENT MEIER:    Any

         8       other Senator wish to be heard on the

         9       nomination?

        10                  The question, then, is on the

        11       confirmation of Thomas A. Adams as a judge of

        12       the Court of Claims.  All those in favor say

        13       aye.

        14                  (Response of "Aye.")

        15                  ACTING PRESIDENT MEIER:    Those

        16       opposed, nay.

        17                  (No response.)

        18                  ACTING PRESIDENT MEIER:    The

        19       nominee is confirmed.

        20                  Judge Adams is with us today in the

        21       gallery, and we congratulate him and wish him

        22       well.

        23                  (Applause.)

        24                  ACTING PRESIDENT MEIER:    The

        25       Secretary will continue to read.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6662



         1                  THE SECRETARY:    As a judge of the

         2       Court of Claims, John C. Cherundolo, of

         3       Syracuse.

         4                  ACTING PRESIDENT MEIER:    Senator

         5       DeFrancisco.

         6                  SENATOR DeFRANCISCO:    I'm very

         7       proud to move the nomination of John C.

         8       Cherundolo for a Court of Claims position.

         9                  John is from my district.  I've

        10       known him for as long as I've been practicing

        11       law.  He's been doing trial work for over

        12       30 years.  He is an exemplary member of the

        13       bar.  He's been in "Who's Who in American

        14       Lawyers" for the last decade.  And he was in

        15       the top 8 or 6 percent of his class when he

        16       was in law school.  He's been selected to be

        17       on the judicial screening committee for the

        18       Fourth Department for many, many years.

        19                  And he's just a quality individual.

        20       He's a generous man who's been helpful to many

        21       causes in our community.  And, you know, I'm

        22       just happy that he's willing to take this

        23       position, because he's been so successful in

        24       his chosen career.

        25                  And I'm very, very happy that the


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6663



         1       Governor has chosen him and nominated him, and

         2       I would urge the full support of the Senate.

         3                  ACTING PRESIDENT MEIER:    Any

         4       other Senator wish to be heard on the

         5       nomination?

         6                  The question, then, is on the

         7       confirmation of John Cherundolo as a judge of

         8       the Court of Claims.  All those in favor

         9       signify by saying aye.

        10                  (Response of "Aye.")

        11                  ACTING PRESIDENT MEIER:    Those

        12       opposed, nay.

        13                  (No response.)

        14                  ACTING PRESIDENT MEIER:    The

        15       nominee is confirmed.

        16                  Judge Cherundolo is with us today.

        17       We congratulate you and wish you well.

        18                  (Applause.)

        19                  ACTING PRESIDENT MEIER:    The

        20       Secretary will continue to read.

        21                  THE SECRETARY:    As a judge of the

        22       Court of Claims, Gerald W. Connolly, of

        23       Watervliet.

        24                  ACTING PRESIDENT MEIER:    Senator

        25       DeFrancisco.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6664



         1                  SENATOR DeFRANCISCO:    Yes, I rise

         2       to move the nomination of Gerald W. Connolly

         3       as a judge of the Court of Claims.

         4                  And I'd request that you recognize

         5       Senator Breslin to second the nomination.

         6                  ACTING PRESIDENT MEIER:    Senator

         7       Breslin.

         8                  SENATOR BRESLIN:    Thank you,

         9       Senator DeFrancisco.

        10                  I rise to second the nomination of

        11       Jerry Connolly, Gerald Connolly, who is a

        12       deputy counsel in the Governor's office

        13       dealing with criminal matters.  He's a

        14       graduate of Manhattan College, Fordham Law

        15       School, has a very rich background with the

        16       Westchester County district attorney's office,

        17       and well known because -- mostly because of

        18       his two brothers.

        19                  One brother is the law clerk to the

        20       Honorable Joe Teresi, who we all know.  The

        21       other brother, Steven, is the law clerk to

        22       Judge McDonough, who we approved only recently

        23       in June.  And I know that Gerald will be

        24       striving, as he assumes his new

        25       responsibilities as Court of Claims judge, to


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6665



         1       in some way equal the output, the dedication,

         2       and the legal abilities of his two brothers.

         3                  And I heartily congratulate the

         4       Governor for picking such a quality person to

         5       go to the Court of Claims.

         6                  Thank you, Mr. President.

         7                  ACTING PRESIDENT MEIER:    Senator

         8       Breslin, the chair notes that your brothers

         9       feel the same way about you.

        10                  (Laughter.)

        11                  SENATOR BRESLIN:    I'll take care

        12       of you later, Mr. President.

        13                  ACTING PRESIDENT MEIER:    The

        14       question, then, is on the confirmation of

        15       Gerald W. Connolly as a judge of the Court of

        16       Claims.  All those in favor signify by saying

        17       aye.

        18                  (Response of "Aye.")

        19                  ACTING PRESIDENT MEIER:    Those

        20       opposed, nay.

        21                  (No response.)

        22                  ACTING PRESIDENT MEIER:    The

        23       nominee is confirmed.

        24                  Judge Connolly is with us today in

        25       the gallery.  He's joined by his wife,


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6666



         1       Patricia; his daughter, Casey; his parents,

         2       Gerald and Ida, and brothers Mike and Steve.

         3                  Judge, congratulations.

         4                  (Applause.)

         5                  ACTING PRESIDENT MEIER:    The

         6       Secretary will continue to read.

         7                  THE SECRETARY:    As a judge of the

         8       Court of Claims, Honorable Mary O. Donohue, of

         9       Troy.

        10                  ACTING PRESIDENT MEIER:    Senator

        11       DeFrancisco.

        12                  SENATOR DeFRANCISCO:    I rise to

        13       move the nomination of Mary O. Donohue, judge

        14       of the Court of Claims.

        15                  And I'd request that you recognize

        16       Senator Bruno to second the nomination.

        17                  ACTING PRESIDENT MEIER:    Senator

        18       Bruno.

        19                  SENATOR BRUNO:    Thank you,

        20       Mr. President.  And thank you, Senator

        21       DeFrancisco and colleagues.

        22                  I'm honored to be here moving the

        23       nomination for the Court of Claims for our

        24       present Lieutenant Governor, presiding officer

        25       here in the Senate, who has served a


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6667



         1       constituency for almost an adult lifetime.

         2       First woman elected district attorney in the

         3       County of Rensselaer, a teacher, mother, wife,

         4       elected to office repeatedly.  She is really

         5       what we would personify as a public servant.

         6                  I am proud that the Governor sees

         7       fit to submit the nomination, and I am proud

         8       to stand in endorsement and ask my colleagues

         9       to move a great, outstanding lady, our

        10       Lieutenant Governor, our present presiding

        11       officer, Lieutenant Governor, our friend Mary

        12       Donohue.

        13                  (Applause.)

        14                  ACTING PRESIDENT MEIER:    Senator

        15       Hassell-Thompson.

        16                  SENATOR HASSELL-THOMPSON:    Thank

        17       you, Mr. President.

        18                  I didn't mean to lead the applause

        19       so quickly.  But I did want the opportunity,

        20       like my colleagues, to talk for a moment about

        21       Mary Donohue and her role here.

        22                  Six years ago, when I first came to

        23       the Senate, it just felt good to see a woman

        24       standing at the head of the Senate.  It will

        25       be very good to have a different person,


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6668



         1       perhaps, standing at the head of the Senate in

         2       January.

         3                  But Mary Donohue and I had the

         4       opportunity to meet outside of these chambers,

         5       and she's an outstanding human being.  And I

         6       think that the role that she will continue to

         7       play on the Court of Appeals will continue to

         8       convey that.

         9                  So I want to add my congratulations

        10       on this nomination to her and to wish her the

        11       very best of luck in all of her endeavors.

        12                  Thank you, Mr. President.

        13                  ACTING PRESIDENT MEIER:    Senator

        14       Maziarz.

        15                  SENATOR MAZIARZ:    Thank you very

        16       much, Mr. President.  I rise with pleasure to

        17       second this nomination also.

        18                  You know, we've all come to know

        19       Lieutenant Governor Donohue on a personal

        20       basis, having worked here in the Senate.  And,

        21       you know, we all bring guests in here,

        22       constituents, friends of ours, sometimes

        23       people that are going through very difficult

        24       challenges in their lives -- crime victims,

        25       parents who've had tragedy with their


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6669



         1       children.  And you always noticed that when

         2       the Lieutenant Governor came in, she always

         3       took the time to say hello to people, to talk

         4       to them, really to care with them.

         5                  And she's been a great professional

         6       here, a very good personal friend.  This is a

         7       new challenge for you.  But as Senator Bruno

         8       pointed out, from the DA's office, from the

         9       bench, and from that podium to the Court of

        10       Claims is just another challenge, and I am

        11       sure you will gladly take on and work with as

        12       much professionalism and care and concern for

        13       those people who appear before you as you

        14       always have.

        15                  So congratulations and best of

        16       luck.  You've earned this job, and you've

        17       earned the respect of both sides of this

        18       chamber.

        19                  Thank you.

        20                  ACTING PRESIDENT MEIER:    Senator

        21       Volker.

        22                  SENATOR VOLKER:    Very quickly, I

        23       just want to say that it's been a pleasure to

        24       have Mary Donohue as the presiding officer of

        25       this house.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6670



         1                  She is a class-act woman.  She is

         2       the kind of person who I think could do just

         3       about any job -- certainly any judgeship.  And

         4       frankly should have had another judgeship, but

         5       that's neither here nor there.

         6                  She is a person that's become a

         7       good friend of mine.  And also her husband is

         8       a very good guy, because I've come to know

         9       him.

        10                  But I just want to say that

        11       wherever life takes you, Mary, that although

        12       the Court of Claims is the next step, but

        13       there's no question in my mind that whatever

        14       you do, you will be super-successful.

        15                  And thank you for your kindness to

        16       me and to all the members of the Senate.

        17                  ACTING PRESIDENT MEIER:    Senator

        18       Little.

        19                  SENATOR LITTLE:    Thank you.  I

        20       would just like to add my comments to my

        21       colleagues' as our Lieutenant Governor becomes

        22       a judge of the Court of Claims, and to wish

        23       her well.

        24                  Certainly I consider her a friend

        25       throughout the years, as I was in the Assembly


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6671



         1       and here in the Senate.  And we have something

         2       anything else in common, is that we were both

         3       born as O'Connors.

         4                  So it's really a pleasure for me to

         5       congratulate Judge Mary Donohue in her new

         6       venture and wish her the best of everything.

         7                  Thank you.

         8                  ACTING PRESIDENT MEIER:    Senator

         9       Libous.

        10                  SENATOR LIBOUS:    Mr. President, I

        11       too want to stand and join my colleagues in

        12       congratulating Mary Donohue.

        13                  Over the course of her term as

        14       Lieutenant Governor I've had the opportunity

        15       to spend some time with her, not only in my

        16       district but here in Albany.  And when I sat

        17       where Joe Robach did, I would often, during

        18       recesses, spend time at the chair where you

        19       are, Mr. President, and just talk about life

        20       in general.

        21                  She is a wonderful woman.  She was

        22       a great judge before and will continue and be

        23       a great judge again.  And I wish her the very

        24       best.

        25                  ACTING PRESIDENT MEIER:    Any


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6672



         1       other Senator wish to be heard on the

         2       nomination?

         3                  Senator Paterson.

         4                  SENATOR PATERSON:    Yes,

         5       Mr. President.  Unaccustomed as I am to

         6       talking about the office of Lieutenant

         7       Governor, I'd like to say that for the four

         8       years that I've been leader -- and I know that

         9       I spoke for Senator Connor, who also served

        10       with Mary Donohue -- she was always very

        11       gracious, very cooperative with us, is a very

        12       fine human being.  I would suggest sometimes

        13       underutilized, because, as Senator Volker

        14       said, she really excels at almost any task

        15       that she tends to.

        16                  And we have really enjoyed this

        17       time in the Senate working with her.  Some of

        18       us have gotten to know her a little bit

        19       outside.  When the final votes were in, she

        20       offered all kinds of advice and assistance to

        21       me and my staff over the past six weeks.

        22                  And we are going to miss her around

        23       the immediate area of the Capitol, but hope

        24       that on the Court of Claims that they will

        25       appreciate her as much as they did in the


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6673



         1       judiciary before her service here in the

         2       Lieutenant Governor's role and certainly after

         3       it.

         4                  She has a very fine family, an

         5       adoring son and daughter who are proud of her

         6       today.  And we're all proud of her and very

         7       excited about the new mission in her life, and

         8       hope that somebody can partially fill the

         9       shoes that she will leave when she leaves at

        10       the end of the year.

        11                  Thank you.

        12                  ACTING PRESIDENT MEIER:    Senator

        13       Skelos.

        14                  SENATOR SKELOS:    Mr. President, I

        15       just want to echo what so many of my

        16       colleagues have said.

        17                  I've had the pleasure of working

        18       with the Lieutenant Governor, judge-to-be

        19       soon, for a number of years, and she's always

        20       conducted herself with the utmost of

        21       professionality.  So I'm honored to second the

        22       nomination.

        23                  But I think it's also important to

        24       note, after all the years that we've been

        25       listening to Senator Paterson, that as the


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6674



         1       Lieutenant Governor we will not have to listen

         2       to him as much anymore.

         3                  (Laughter.)

         4                  SENATOR SKELOS:    But I am

         5       delighted, Mary, to second your nomination.

         6                  ACTING PRESIDENT MEIER:    Any

         7       other Senator wish to be heard on the

         8       nomination?

         9                  Senator DeFrancisco, the chairman

        10       of the Judiciary Committee, for the purpose of

        11       closing.

        12                  SENATOR DeFRANCISCO:    Thank you,

        13       Mr. President.

        14                  I'm really happy for our Lieutenant

        15       Governor.  First of all, it's not easy to

        16       preside over a group of individuals with very

        17       diverse points of view.  Sometimes it got

        18       contentious.  And each time it did, Mary

        19       Donohue always acted with dignity and with

        20       respect for everyone in this chamber.

        21                  And as she was saying earlier,

        22       she's really going back home to the bench.

        23       And I'll tell you, the people who will appear

        24       before her will be very well served, and I'm

        25       very happy for her that she's going back to


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6675



         1       something that she really and truly enjoys,

         2       being a judge and dispensing justice.

         3                  So congratulations.  I'm very happy

         4       for you.

         5                  ACTING PRESIDENT MEIER:    I would

         6       just like to say before I call the vote that

         7       I'm very privileged that one of the last

         8       things I get to do as a member of this body is

         9       to preside over the confirmation of a really

        10       great person, a great Lieutenant Governor and

        11       a great jurist, Mary O. Donohue.

        12                  The question, then, is on the

        13       confirmation of Mary Donohue as a judge of the

        14       New York State Court of Claims.  All those in

        15       favor signify by saying aye.

        16                  (Response of "Aye.")

        17                  ACTING PRESIDENT MEIER:    Those

        18       opposed, nay.

        19                  (No response.)

        20                  ACTING PRESIDENT MEIER:    The

        21       nominee is confirmed.

        22                  Judge Donohue is with us in the

        23       gallery, with her husband, Tony Ricci, and her

        24       daughter, Sara.

        25                  (Standing ovation.)


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6676



         1                  ACTING PRESIDENT MEIER:    The

         2       Secretary will continue to read.

         3                  THE SECRETARY:    As a judge of the

         4       Court of Claims, Kimberly A. O'Connor, of

         5       Guilderland.

         6                  ACTING PRESIDENT MEIER:    Senator

         7       DeFrancisco.

         8                  SENATOR DeFRANCISCO:    I'd like to

         9       move the nomination of Kimberly A. O'Connor,

        10       of Guilderland, as a judge of the Court of

        11       Claims.

        12                  ACTING PRESIDENT MEIER:    Any

        13       other Senator wish to be heard on the

        14       nomination?

        15                  The question, then, is on the

        16       confirmation of Kimberly O'Connor as a judge

        17       of the New York State Court of Claims.  All

        18       those in favor signify by saying aye.

        19                  (Response of "Aye.")

        20                  ACTING PRESIDENT MEIER:    Those

        21       opposed, nay.

        22                  (No response.)

        23                  ACTING PRESIDENT MEIER:    The

        24       nominee is confirmed.

        25                  Judge O'Connor is with us in the


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6677



         1       gallery today.  She's accompanied by her

         2       husband, Tom; her daughter, Lauren; and her

         3       parents, Dottie and Dick Usas.

         4                  Judge O'Connor, congratulations.

         5                  (Applause.)

         6                  ACTING PRESIDENT MEIER:    The

         7       Secretary will continue to read.

         8                  THE SECRETARY:    As a judge of the

         9       Court of Claims, Richard Platkin, of Glenmont.

        10                  ACTING PRESIDENT MEIER:    Senator

        11       DeFrancisco.

        12                  SENATOR DeFRANCISCO:    I move the

        13       nomination of Richard Platkin as a judge of

        14       the Court of Claims and would request that you

        15       call on Senator Spano for a second.

        16                  ACTING PRESIDENT MEIER:    Senator

        17       Spano.

        18                  SENATOR SPANO:    Thank you,

        19       Mr. President.  It's my pleasure to second the

        20       nomination of Richard Platkin to the Court of

        21       Claims.

        22                  Richard Platkin has had an

        23       outstanding career working as a law clerk to a

        24       federal judge and has certainly been no

        25       stranger to the members of this chamber or the


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6678



         1       other house, having served as assistant

         2       counsel, deputy counsel, and most recently as

         3       counsel to the Governor.

         4                  He has always been a person who you

         5       will get a straight answer from, a person who

         6       will give you a very intellectual discussion

         7       as to why the Governor would always want to

         8       veto my bills, even though you were wrong most

         9       of the time.

        10                  But you were accessible and direct,

        11       and those are the qualities that certainly

        12       will follow you as you continue on to start

        13       your career as a member of the bench.

        14                  You've certainly made us proud,

        15       you've served the Governor well, you've served

        16       the people of this state very well.  And it's

        17       my pleasure to second your nomination this

        18       evening.

        19                  ACTING PRESIDENT MEIER:    Senator

        20       Volker.

        21                  SENATOR VOLKER:    Mr. President, I

        22       just want to say that I will miss that great

        23       voice of his on the phone telling me:  "I'm

        24       sorry, Senator, but we've got to veto your

        25       bill.  It's a great bill, but it's not ready


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6679



         1       yet."

         2                  Anyway -- no, seriously, I just

         3       want to say that you're probably one of the

         4       best attorneys that I've ever been involved

         5       with.  You do have some strange ideas -- no,

         6       no, no.  Seriously, you've been an excellent

         7       counsel to the Governor.  You actually have

         8       done an exceptional job.  I want to thank you

         9       for your courtesy to me and for the fact that

        10       you have served George Pataki extremely well.

        11                  Good luck to you in your future as

        12       a judge.

        13                  ACTING PRESIDENT MEIER:    Any

        14       other Senator wish to be heard on the

        15       nomination?

        16                  The question is on the confirmation

        17       of Richard Platkin as a judge of the Court of

        18       Claims.  All those in favor signify by saying

        19       aye.

        20                  (Response of "Aye.")

        21                  ACTING PRESIDENT MEIER:    Those

        22       opposed, nay.

        23                  (No response.)

        24                  ACTING PRESIDENT MEIER:    The

        25       nominee is confirmed.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6680



         1                  Judge Platkin is with us today in

         2       the gallery.  He is accompanied by his wife,

         3       Laura.

         4                  And we wish you well, judge.

         5                  (Applause.)

         6                  ACTING PRESIDENT MEIER:    The

         7       Secretary will continue to read.

         8                  THE SECRETARY:    As a judge of the

         9       Court of Claims, Dineen Riviezzo, of Brooklyn.

        10                  ACTING PRESIDENT MEIER:    Senator

        11       DeFrancisco.

        12                  SENATOR DeFRANCISCO:    I rise to

        13       move the nomination of Dineen Riviezzo as a

        14       Court of Claims judge.

        15                  This candidate has an incredible

        16       record of public civil service, from being the

        17       Inspector General and also being involved with

        18       the New York State Commission of Investigation

        19       and previously the office of the New York

        20       State Inspector General.  Before that, she did

        21       a lot of trial work with a major law firm.

        22                  A great cross-section of ability in

        23       order to perform this function, and I move her

        24       nomination.

        25                  ACTING PRESIDENT MEIER:    Any


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6681



         1       other Senator wish to be heard on the

         2       nomination?

         3                  The question, then, is on the

         4       confirmation of Dineen Riviezzo as a judge of

         5       the Court of Claims.  All those in favor

         6       signify by saying aye.

         7                  (Response of "Aye.")

         8                  ACTING PRESIDENT MEIER:    Those

         9       opposed, nay.

        10                  (No response.)

        11                  ACTING PRESIDENT MEIER:    The

        12       nominee is confirmed.

        13                  Judge Riviezzo is with us today in

        14       the gallery.  She's accompanied by her mother,

        15       Clorinda.

        16                  Congratulations, Judge.

        17                  (Applause.)

        18                  ACTING PRESIDENT MEIER:    The

        19       Secretary will continue to read.

        20                  THE SECRETARY:    As a judge of the

        21       Court of Claims, Gina Lopez Summa, of Syosset.

        22                  ACTING PRESIDENT MEIER:    Senator

        23       DeFrancisco.

        24                  SENATOR DeFRANCISCO:    I'd move

        25       the nomination of Gina Lopez Summa as judge of


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6682



         1       the Court of Claims.

         2                  And I was going to recognize

         3       Senator Dilan -- there he is.  Okay, I didn't

         4       see you.

         5                  SENATOR DILAN:    Mr. President, I

         6       am very proud to second the nomination of Gina

         7       Lopez Summa to the Court of Claims.  Ms. Lopez

         8       Summa is a very competent and intelligent

         9       attorney who is currently the general counsel

        10       for the New York State Human Rights Division

        11       since 1999.

        12                  I have known her for a very long

        13       time.  And she also was involved in the County

        14       of Kings in many professional levels within

        15       the judicial system.  And I know that she will

        16       be an asset to the New York State judicial

        17       system.

        18                  I would also like to congratulate

        19       her husband, who's here today, and her very

        20       proud father, Assemblyman Vito Lopez.

        21                  Congratulations, Gina.  I move the

        22       nomination.

        23                  ACTING PRESIDENT MEIER:    Senator

        24       Robach.

        25                  SENATOR ROBACH:    Yes,


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6683



         1       Mr. President.  I too am happy to rise to

         2       second this nomination.

         3                  In addition to Gina's great resume

         4       and legal accomplishments, this is one of

         5       those nice stories, I think, especially for

         6       those of us who come from governmental

         7       families.  As Senator Dilan pointed out, her

         8       dad, our colleague Assemblyman Vito Lopez, is

         9       someone who has spent the majority of his

        10       adult life contributing in elected office.

        11       And I know he always encouraged his children,

        12       in this case, his daughter, who's now becoming

        13       a judge, to pursue that too, who's gone on to

        14       get her legal degree and move on to that.

        15                  And I know it's not only a happy

        16       day for all New Yorkers that we're getting

        17       someone of this quality, but I know it's an

        18       extreme amount of happiness in the Lopez

        19       family as well.  And these are nice stories

        20       when you see people do the work to get to

        21       where they need to be, and they can contribute

        22       and continue the great legacy of the Lopez

        23       family of contributing to public service here

        24       in New York.

        25                  I'm happy to second and move the


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6684



         1       nomination.

         2                  ACTING PRESIDENT MEIER:    Senator

         3       Ada Smith.

         4                  SENATOR ADA SMITH:    Thank you,

         5       Mr. President.

         6                  I rise to thank the Governor for

         7       this wonderful nomination.  I've had the

         8       privilege to know Gina for many, many years.

         9       And as a youngster, she was bright and

        10       articulate.  And as an adult, she is

        11       competent.  And as a judge, she will make us

        12       all proud.

        13                  And I am honored to be able to

        14       second the nomination of Gina Lopez Summa.

        15                  ACTING PRESIDENT MEIER:    Senator

        16       Maltese.

        17                  SENATOR MALTESE:    Mr. President,

        18       I'm very pleased to second this nomination.

        19                  From the beginning, in college,

        20       when she graduated St. John's University

        21       magna cum laude, to Brooklyn Law School, where

        22       she was coeditor of the Law Review, she's

        23       indicated this proficiency and expertise in

        24       the law.  Throughout her career, despite her

        25       relative youth, as a court attorney and as a


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6685



         1       law clerk to a Supreme Court justice, she

         2       showed that talent and ability that has stood

         3       her in good stead through these years.

         4                  In her three-year service to the

         5       New York City Commission on Human Rights, and

         6       in her seven years both as general counsel and

         7       as manager with the New York State Commission

         8       of Human Rights, she has shown a depth of

         9       knowledge and a compassion, a spirit of

        10       compassion that will stand her in good stead

        11       as a jurist.

        12                  I congratulate her husband, I

        13       congratulate her family, I congratulate her

        14       father on having a daughter who will make such

        15       a splendid jurist.  And I congratulate the

        16       Governor on this nomination.

        17                  I'm very pleased and proud to

        18       second the nomination.

        19                  ACTING PRESIDENT MEIER:    Senator

        20       Golden.

        21                  SENATOR GOLDEN:    Thank you,

        22       Mr. President.

        23                  I too rise to second the nomination

        24       of Gina Lopez Summa and welcome her and her

        25       husband and her family to this historic


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6686



         1       chamber.

         2                  Gina, working since 1994 in the

         3       Brooklyn Law School and getting her graduate

         4       degree and working on, as my colleague Senator

         5       Maltese pointed out, working for at that time

         6       Judge Marsha Steinhardt and Judge Gustin

         7       Reichback, and continuing working in her legal

         8       degree today at the New York City Commission

         9       of Human Rights, she has done a great service

        10       for our city and state, and she's done an

        11       excellent job, will be an excellent candidate

        12       and an excellent judge in the Court of Claims.

        13                  And once again, I want to

        14       congratulate her and her family and of course

        15       her father, who's done such great things here

        16       in the Assembly and in the County of Kings for

        17       the city and the state of New York.

        18                  God bless the Lopez and the Summa

        19       family.  Continue your great work.

        20                  Thank you.

        21                  ACTING PRESIDENT MEIER:    Senator

        22       Marcellino.

        23                  SENATOR MARCELLINO:    Thank you,

        24       Mr. President.  I rise to second the

        25       nomination of a fellow resident of Syosset.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6687



         1                  I don't know the judge-to-be

         2       personally, but I do know her father.  And I

         3       do believe in the adage that apple doesn't

         4       fall far from the tree.  You've got a very

         5       good tree to keep near.  Good luck.

         6                  ACTING PRESIDENT MEIER:    Senator

         7       Volker.

         8                  SENATOR VOLKER:    I think Carl

         9       just took away a line -- I was just going to

        10       say that I read her bio, a great bio.  But

        11       knowing her father as well as I do, I do

        12       believe strongly in family trees.  And her

        13       father is a wonderful man.  And I am sure that

        14       she'll make a super judge.

        15                  So I just wanted to second her

        16       nomination.

        17                  ACTING PRESIDENT MEIER:    Any

        18       other Senator wish to be heard on the

        19       nomination?

        20                  The question is on the confirmation

        21       of Gina Lopez Summa as a judge of the Court of

        22       Claims.  All those in favor signify by saying

        23       aye.

        24                  (Response of "Aye.")

        25                  ACTING PRESIDENT MEIER:    Those


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6688



         1       opposed, nay.

         2                  (No response.)

         3                  ACTING PRESIDENT MEIER:    The

         4       nominee is confirmed.

         5                  Judge Lopez Summa is with us in the

         6       gallery.  She's accompanied by her husband,

         7       Keith, and her father, Assemblyman Vito Lopez.

         8                  Congratulations, Your Honor.

         9                  (Applause.)

        10                  ACTING PRESIDENT MEIER:    The

        11       Secretary will read.

        12                  THE SECRETARY:    As a judge of the

        13       Court of Claims, Honorable Timothy J. Walker,

        14       of Eden.

        15                  ACTING PRESIDENT MEIER:    Senator

        16       DeFrancisco.

        17                  SENATOR DeFRANCISCO:    I move the

        18       nomination of Honorable Timothy J. Walker to

        19       the Court of Claims and request that you

        20       recognize Senator Rath to second the

        21       nomination.

        22                  ACTING PRESIDENT MEIER:    Senator

        23       Rath.

        24                  SENATOR RATH:    Thank you, Senator

        25       DeFrancisco.  And I rise with great pleasure


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6689



         1       to second the nomination of Judge Walker.

         2                  Although Judge Walker is a

         3       constituent of Senator Volker's, I've come to

         4       know Judge Walker quite well the last several

         5       years, and know him to be a man of integrity

         6       with great respect and honor for the law, with

         7       great judicial temperament, someone who is

         8       highly sought after in Western New York to be

         9       continuing as a judge.  And so we're very

        10       happy to see that he will be with us.

        11                  And congratulations, Judge.

        12                  ACTING PRESIDENT MEIER:    Senator

        13       Maziarz.

        14                  SENATOR MAZIARZ:    Thank you very

        15       much, Mr. President.  I rise also to second

        16       his nomination.

        17                  Judge Walker has been on the bench

        18       now for a short period of time and has done a

        19       great job.  I know that my very good friend

        20       who he's worked very closely with, Judge

        21       Richard Kloch in the Court of Claims, has

        22       nothing but high praise for Judge Walker's

        23       work.

        24                  And he will do an excellent job,

        25       and it's a great appointment on behalf of the


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6690



         1       Governor.  And I just congratulate Judge

         2       Walker and his family for this great, great

         3       step.

         4                  Thank you, Mr. President.

         5                  ACTING PRESIDENT MEIER:    Senator

         6       Volker.

         7                  SENATOR VOLKER:    I just wanted to

         8       say quickly that although Tim Walker is not

         9       actually a constituent of mine now, because

        10       Senator Stachowski stole Eden from me in the

        11       reapportionment, but he is a longtime friend

        12       and a good man, a fine judge, has been a fine

        13       judge and one of the best lawyers in Western

        14       New York.

        15                  And I just want to say

        16       congratulations to the Governor and

        17       congratulations, of course, to Tim Walker for

        18       getting an appointment to the Court of Claims.

        19                  ACTING PRESIDENT MEIER:    Any

        20       other Senator wish to be heard on the

        21       nomination?

        22                  The question, then, is on the

        23       confirmation of Timothy J. Walker as a judge o

        24       the Court of Claims.  All those in favor

        25       signify by saying aye.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6691



         1                  (Response of "Aye.")

         2                  ACTING PRESIDENT MEIER:    Those

         3       opposed, nay.

         4                  (No response.)

         5                  ACTING PRESIDENT MEIER:    The

         6       nominee is confirmed.

         7                  Judge Walker is with us in the

         8       gallery.  He is accompanied by his wife,

         9       DianaRae; his daughter, Raelynn; his son,

        10       Joshua; and his mother, Ellen.

        11                  Judge, congratulations.

        12                  (Applause.)

        13                  ACTING PRESIDENT MEIER:    The

        14       Secretary will read.

        15                  THE SECRETARY:    As a judge of the

        16       Court of Claims, Honorable Henry F. Zwack, of

        17       Stephentown.

        18                  ACTING PRESIDENT MEIER:    Senator

        19       DeFrancisco.

        20                  SENATOR DeFRANCISCO:    I move the

        21       nomination of Honorable Henry F. Zwack as a

        22       judge of the Court of Claims.

        23                  And I would request that you

        24       recognize Senator Bruno to second the

        25       nomination.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6692



         1                  ACTING PRESIDENT MEIER:    Senator

         2       Bruno.

         3                  SENATOR BRUNO:    Thank you,

         4       Mr. President and colleagues.

         5                  Again, I rise with great pleasure

         6       to nominate and encourage you all to support

         7       Henry Zwack.  Henry Zwack has served as town

         8       attorney, as a legislator, as county executive

         9       of Rensselaer, in community service, an

        10       emergency medical technician, volunteer

        11       fireman, youth minister at St. Joseph's

        12       Church.  Henry has really dedicated his life

        13       to being in public service.

        14                  So I am as proud as I can be.  He's

        15       presently the executive commissioner of OASAS,

        16       where he served previously as general counsel.

        17       You all know Henry for his public work and his

        18       community service.  I'm proud to move his

        19       nomination.

        20                  ACTING PRESIDENT MEIER:    Any

        21       other Senator wish to be heard on the

        22       nomination?

        23                  The question, then, is on the

        24       confirmation of Henry Zwack as a judge of the

        25       Court of Claims.  All those in favor signify


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6693



         1       by saying aye.

         2                  (Response of "Aye.")

         3                  ACTING PRESIDENT MEIER:    Those

         4       opposed, nay.

         5                  (No response.)

         6                  ACTING PRESIDENT MEIER:    The

         7       nominee is confirmed.

         8                  Judge Zwack is with us in the

         9       gallery today.  He's accompanied by his wife,

        10       Laura, and his sons Michael and John.

        11                  Judge, congratulations and best

        12       wishes to you.

        13                  (Applause.)

        14                  SENATOR BRUNO:    Mr. President.

        15                  ACTING PRESIDENT MEIER:    Senator

        16       Bruno.

        17                  SENATOR BRUNO:    Can we ask the

        18       members to stand at ease in the regular

        19       session.  And please gavel us back into the

        20       extraordinary session.

        21                  ACTING PRESIDENT MEIER:    Members

        22       will stand at ease in the ordinary session of

        23       the Senate.

        24                  (Whereupon, the Senate stood at

        25       ease at 7:55 p.m.)


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6694



         1                  (Whereupon, the Senate reconvened

         2       at 7:58 p.m.)

         3                  ACTING PRESIDENT MEIER:    The

         4       Senate will please come to order.

         5                  Senator Bruno.

         6                  SENATOR BRUNO:    Mr. President,

         7       can you gavel us back into regular session.

         8                  Oh, that's what you did?

         9                  ACTING PRESIDENT MEIER:    I love

        10       doing this, so I'll be happy to.

        11                  (Laughter.)

        12                  ACTING PRESIDENT MEIER:    The

        13       Senate will come to order.

        14                  Senator Bruno.

        15                  SENATOR BRUNO:    Can we return to

        16       motions and resolutions, Mr. President.

        17                  You have a resolution by Senator

        18       Hannon.  I would recommend the title be read

        19       and move for its immediate adoption.

        20                  ACTING PRESIDENT MEIER:    Motions

        21       and resolutions.

        22                  The Secretary will read.

        23                  THE SECRETARY:    By Senator

        24       Hannon, Legislative Resolution Number 6664,

        25       honoring the Garden City High School Field


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6695



         1       Hockey Team and Coach Diane Chapman on the

         2       occasion of capturing the 2006 New York State

         3       Class B Championship.

         4                  ACTING PRESIDENT MEIER:    All

         5       those in favor of the resolution signify by

         6       saying aye.

         7                  (Response of "Aye.")

         8                  ACTING PRESIDENT MEIER:    Those

         9       opposed, nay.

        10                  (No response.)

        11                  ACTING PRESIDENT MEIER:    The

        12       resolution is adopted.

        13                  Senator Bruno.

        14                  SENATOR BRUNO:    Mr. President,

        15       can I ask my colleagues to indulge us, please,

        16       for an immediate of meeting of the Finance

        17       Committee in the Majority Conference Room.

        18       And we will return to the chamber in probably

        19       three or four minutes to finish up this part

        20       of the business.

        21                  Thank you, Mr. President.

        22                  ACTING PRESIDENT MEIER:

        23       Immediate meeting of the Finance Committee in

        24       the Senate Majority Conference Room.

        25                  The Senate will stand at ease


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6696



         1       pending the return of the Finance Committee

         2       report.

         3                  (Whereupon, the Senate stood at

         4       ease at 8:00 p.m.)

         5                  (Whereupon, the Senate reconvened

         6       at 8:08 p.m.)

         7                  ACTING PRESIDENT MEIER:    Senator

         8       Bruno.

         9                  SENATOR BRUNO:    Mr. President,

        10       can we return to reports of standing

        11       committees.

        12                  I believe there is a report from

        13       the Finance Committee at the desk.

        14                  ACTING PRESIDENT MEIER:    Reports

        15       of standing committees.

        16                  SENATOR BRUNO:    Can we have some

        17       attention, Mr. President.

        18                  ACTING PRESIDENT MEIER:    Can we

        19       have some order in the chamber, please.

        20                  Reports of standing committees.

        21                  The Secretary will read.

        22                  THE SECRETARY:    Senator Johnson,

        23       from the Committee on Finance, reports the

        24       following nomination.

        25                  As a member of State Council on the


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6697



         1       Arts, Laura L. Ballori, of New York City.

         2                  ACTING PRESIDENT MEIER:    Senator

         3       Johnson.

         4                  SENATOR JOHNSON:    Move the

         5       nomination.

         6                  ACTING PRESIDENT MEIER:    The

         7       question is on the confirmation of Laura L.

         8       Ballori as a member of the State Council on

         9       the Arts.  All those in favor signify by

        10       saying aye.

        11                  (Response of "Aye.")

        12                  ACTING PRESIDENT MEIER:    All

        13       those opposed, nay.

        14                  (No response.)

        15                  ACTING PRESIDENT MEIER:    The

        16       nominee is confirmed.

        17                  Senator Paterson.

        18                  SENATOR PATERSON:    Mr. President,

        19       I'd just like to recognize some of the members

        20       of our conference who are completing their

        21       service in the Senate -- Senator Marc Coppola,

        22       from Buffalo, who came here earlier this year,

        23       and certainly Senator Carl Andrews, who came

        24       here in February of 2002, was a Congressional

        25       candidate this year, and Senator Ada Smith,


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6698



         1       who has been among us since 1989, completing

         2       18 years of service to the Senate.  We knew

         3       some of them better than others, but they all

         4       served with a great amount of distinction.

         5                  And I'd just like to thank my

         6       deputy, Eric Schneiderman, and the friends I

         7       have all through the Senate chamber.

         8                  I want to wish Senator John Marchi,

         9       in his next career, that it be longer than

        10       this career.

        11                  And certainly Senator Dale Volker,

        12       who one night over a beverage talked me into

        13       capital punishment, but I sobered up by the

        14       next day.

        15                  (Laughter.)

        16                  SENATOR PATERSON:    But he was

        17       able to get me to do that one night.

        18                  And friends of mine, Senator Mike

        19       Balboni and Senator Tom Libous, and also

        20       Senator Spano, who I consider a friend.

        21                  And I would like to thank the

        22       deputy Majority Leader, Senator Dean Skelos,

        23       whose most recent remarks I didn't think were

        24       germane to the subject he was speaking on

        25       earlier.  And he'll learn more about that in


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6699



         1       the next coming years.

         2                  (Laughter.)

         3                  SENATOR PATERSON:    And my very

         4       dear friend and colleague Senator Joe Bruno,

         5       who I spent four years with, and we really

         6       never had a cross word during that entire four

         7       years.

         8                  Senator Breslin, our ranker on

         9       Finance; Senator Velmanette Montgomery, who

        10       came in right before me; and Senator Ruth

        11       Hassell-Thompson.

        12                  I confined it to all the people I

        13       can see, but there are many others who I will

        14       miss.  Even though it's not that great a

        15       change for me, it's still a coming out of

        16       one's comfort zone.

        17                  And I've enjoyed serving with all

        18       of you.  I wish you all the happiest of

        19       holidays, and hope to be here and make things

        20       happen on day one.

        21                  Thank you.

        22                  ACTING PRESIDENT MEIER:    Senator

        23       Bruno.

        24                  SENATOR BRUNO:    Mr. President,

        25       colleagues, Senator Paterson, we're going to


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6700



         1       be short, direct, to the point, as we usually

         2       are.

         3                  Senator Paterson will be moving his

         4       chair.  He's moving up in this chamber and in

         5       this world.  And we're going to look forward

         6       to that.

         7                  And, David, I trust that in law

         8       school, among other things, they teach you how

         9       to count.

        10                  (Laughter.)

        11                  SENATOR BRUNO:    And we have

        12       Senator Marchi, serving 50 years, the

        13       longest-serving legislator in the entire

        14       United States.  Think about that distinction.

        15                  We're indebted to him for his

        16       public service, for the role model that he

        17       really just plays for all of us here in this

        18       chamber, in the state, and throughout the

        19       United States.

        20                  And Ray Meier, our presider up

        21       here, who is going to be leaving us after

        22       10 years.  Ray, thanks for your friendship,

        23       for your service -- in the district as county

        24       exec, here.  You really have been among the

        25       best, and thank you.  And I'm sure that we are


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6701



         1       going to stay in communication as we progress

         2       along with our careers.

         3                  And Senator Spano, one of our

         4       leaders here, 20 years in the Senate, eight

         5       years in the Assembly.  Public service back --

         6       I think the youngest Assemblyman, elected at

         7       age 25.  Still looks about 25.

         8                  Nick, thank you.  Thanks for your

         9       service, thanks for diligence, thanks for all

        10       the good things that you have done for your

        11       district and the people of this state.

        12                  And you know, it's kind of a little

        13       sadness here as we conclude a legislative

        14       year.  Did some great things, some wonderful

        15       things.  But life, life is challenging

        16       sometimes, and life changes.  So we hope

        17       sincerely, both sides of the aisle, as doors

        18       close, doors open.

        19                  And we all look forward to the

        20       future this year and into the coming year with

        21       great optimism and great expectation that

        22       we're going to continue as partners.  We're

        23       now partners in governing -- here, the other

        24       house, with the Executive, to serve the people

        25       of this great state to the best of our


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        6702



         1       abilities.

         2                  So, Senator, colleagues, there

         3       being no further business to presently come

         4       before the Senate, I would move that we stand

         5       adjourned, subject to the call of the Majority

         6       Leader, intervening days to be legislative

         7       days.

         8                  And I wish you all safe passage, a

         9       happy, healthy coming season, and hopefully we

        10       will all meet again on January 3rd.

        11                  ACTING PRESIDENT MEIER:    On

        12       motion, the Senate stands adjourned, subject

        13       to the call of the Majority Leader.

        14       Intervening days will be legislative days.

        15                  (Whereupon, at 8:15 p.m., the

        16       Senate adjourned.)

        17

        18

        19

        20

        21

        22

        23

        24

        25


                      Candyco Transcription Service, Inc.
                                (518) 371-8910