Regular Session - April 16, 2008

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         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                    April 16, 2008

        11                      11:03 a.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR JOSEPH A. GRIFFO, Acting President

        19  STEVEN M. BOGGESS, Secretary

        20

        21

        22

        23

        24

        25



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

         2                  ACTING PRESIDENT GRIFFO:    The

         3       Senate will come to order.

         4                  I ask all present to please rise

         5       and join with me as we recite the Pledge of

         6       Allegiance to our Flag.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  ACTING PRESIDENT GRIFFO:    In the

        10       absence of clergy, I ask that we bow our heads

        11       in a moment of silence.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  ACTING PRESIDENT GRIFFO:    The

        15       reading of the Journal.

        16                  THE SECRETARY:    In Senate,

        17       Tuesday, April 15, the Senate met pursuant to

        18       adjournment.  The Journal of Monday, April 14,

        19       was read and approved.  On motion, Senate

        20       adjourned.

        21                  ACTING PRESIDENT GRIFFO:    Without

        22       objection, the Journal stands approved as

        23       read.

        24                  Presentation of petitions.

        25                  Messages from the Assembly.



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         1                  Messages from the Governor.

         2                  Reports of standing committees.

         3                  Reports of select committees.

         4                  Communications and reports from

         5       state officers.

         6                  Motions and resolutions.

         7                  Senator Skelos.

         8                  SENATOR SKELOS:    Mr. President,

         9       if we could go to the noncontroversial reading

        10       of the calendar.

        11                  ACTING PRESIDENT GRIFFO:    The

        12       Secretary will read.

        13                  THE SECRETARY:    Calendar Number

        14       457, by Senator Saland, Senate Print 7025, an

        15       act to amend the Education Law, in relation to

        16       excluding expenditures.

        17                  ACTING PRESIDENT GRIFFO:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  ACTING PRESIDENT GRIFFO:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 37.

        25                  ACTING PRESIDENT GRIFFO:    The



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         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       771, by Senator Morahan, Senate Print 1473, an

         4       act to authorize the Village of Greenwood Lake

         5       in Orange County.

         6                  ACTING PRESIDENT GRIFFO:    There

         7       is a home-rule message at the desk.

         8                  Read the last section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect immediately.

        11                  ACTING PRESIDENT GRIFFO:    Call

        12       the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 37.

        15                  ACTING PRESIDENT GRIFFO:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       772, by Senator LaValle, Senate Print 1852, an

        19       act to amend the General Municipal Law, in

        20       relation to allowing.

        21                  ACTING PRESIDENT GRIFFO:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.

        25                  ACTING PRESIDENT GRIFFO:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 37.

         4                  ACTING PRESIDENT GRIFFO:    The

         5       bill is passed.

         6                  THE SECRETARY:    Calendar Number

         7       780, by Senator Volker, Senate Print 6739, an

         8       act to amend the Local Finance Law, in

         9       relation to the sale of bonds and notes.

        10                  ACTING PRESIDENT GRIFFO:    There

        11       is a home-rule message at the desk.

        12                  Read the last section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect immediately.

        15                  ACTING PRESIDENT GRIFFO:    Call

        16       the roll.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 37.

        19                  ACTING PRESIDENT GRIFFO:    The

        20       bill is passed.

        21                  THE SECRETARY:    Calendar Number

        22       781, by Senator Volker, Senate Print 6740, an

        23       act to amend the Local Finance Law, in

        24       relation to the sale of municipal obligations

        25       by the County of Erie.



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         1                  ACTING PRESIDENT GRIFFO:    There

         2       is a home-rule message at the desk.

         3                  Read the last section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  ACTING PRESIDENT GRIFFO:    Call

         7       the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 37.

        10                  ACTING PRESIDENT GRIFFO:    The

        11       bill is passed.

        12                  THE SECRETARY:    Calendar Number

        13       782, by Senator Marcellino, Senate Print 6872,

        14       an act to amend the Town Law, in relation to

        15       volunteer members.

        16                  ACTING PRESIDENT GRIFFO:    Read

        17       the last section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect immediately.

        20                  ACTING PRESIDENT GRIFFO:    Call

        21       the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 37.

        24                  ACTING PRESIDENT GRIFFO:    The

        25       bill is passed.



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         1                  THE SECRETARY:    Calendar Number

         2       783, by Senator Seward, Senate Print 6884, an

         3       act in relation to ratifying certain actions

         4       and proceedings.

         5                  ACTING PRESIDENT GRIFFO:    There

         6       is a home-rule message at the desk.

         7                  Read the last section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT GRIFFO:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 38.

        14                  ACTING PRESIDENT GRIFFO:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       785, by Senator Young, Senate Print 6954, an

        18       act to validate, ratify and legalize certain

        19       actions of the Village of Canaseraga, in the

        20       County of Allegany.

        21                  ACTING PRESIDENT GRIFFO:    There

        22       is a home-rule message at the desk.

        23                  Read the last section.

        24                  THE SECRETARY:    Section 5.  This

        25       act shall take effect immediately.



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         1                  ACTING PRESIDENT GRIFFO:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 38.

         5                  ACTING PRESIDENT GRIFFO:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       794, by Senator Morahan, Senate Print 4145, an

         9       act to amend the Mental Hygiene Law and the

        10       Real Property Actions and Proceedings Law, in

        11       relation to discharge.

        12                  ACTING PRESIDENT GRIFFO:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 5.  This

        15       act shall take effect immediately.

        16                  ACTING PRESIDENT GRIFFO:    Call

        17       the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 39.

        20                  ACTING PRESIDENT GRIFFO:    The

        21       bill is passed.

        22                  THE SECRETARY:    Calendar Number

        23       795, by Senator Morahan, Senate Print 4351, an

        24       act to amend the Mental Hygiene Law, in

        25       relation to settlement.



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         1                  ACTING PRESIDENT GRIFFO:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 2.  This

         4       act shall take effect immediately.

         5                  ACTING PRESIDENT GRIFFO:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 39.

         9                  ACTING PRESIDENT GRIFFO:    The

        10       bill is passed.

        11                  Senator Skelos, that completes the

        12       noncontroversial reading of the calendar.

        13                  SENATOR SKELOS:    Mr. President,

        14       there will be an immediate meeting of the

        15       Finance Committee in the Majority Conference

        16       Room.

        17                  ACTING PRESIDENT GRIFFO:    There

        18       will be an immediate meeting of the Senate

        19       Finance Committee in the Majority Conference

        20       Room.

        21                  The Senate stands at ease.

        22                  (Whereupon, the Senate stood at

        23       ease at 11:09 a.m.)

        24                  (Whereupon, the Senate reconvened

        25       at 11:57 a.m.)



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         1                  ACTING PRESIDENT GRIFFO:    The

         2       Senate will come to order.

         3                  Senator Bruno.

         4                  SENATOR BRUNO:    Mr. President,

         5       can we at this time return to reports of

         6       standing committees and return to the report

         7       from the Finance Committee and have it read at

         8       this time.

         9                  ACTING PRESIDENT GRIFFO:    Reports

        10       of standing committees.

        11                  The report of the Finance

        12       Committee.  The Secretary will now read.

        13                  THE SECRETARY:    Senator O.

        14       Johnson, from the Committee on Finance,

        15       reports the following nomination:

        16                  As Superintendent of State Police,

        17       Harry James Corbitt, of Albany.

        18                  ACTING PRESIDENT GRIFFO:    Senator

        19       Johnson.

        20                  SENATOR OWEN JOHNSON:    I rise to

        21       move the nomination.

        22                  ACTING PRESIDENT GRIFFO:    Thank

        23       you, Senator Johnson.

        24                  Senator Bruno.

        25                  SENATOR BRUNO:    Thank you,



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         1       Mr. President and colleagues.

         2                  We are about to act on an

         3       appointment that has been forwarded down by

         4       our leader here, the Governor, David Paterson.

         5       And this is one of the Governor's earliest and

         6       maybe most important nomination and selection

         7       of a leader, in this case to lead the State

         8       Police.

         9                  We have all been disturbed by what

        10       has gone on over the last 14 months, whatever

        11       they've been, 15 months, and much of it

        12       relating to headlines in what has become known

        13       as Troopergate.  Which is, just by the

        14       allegations, disgraceful to the people of this

        15       state, to the power that is vested in

        16       Executive authority, and a powerful force like

        17       the State Police.

        18                  So this Governor starts clean and

        19       fresh and new, and he brings a real

        20       professional, Harry Corbitt, to lead the State

        21       Police.

        22                  Now, all of us know the State

        23       Police, by the tens of thousands, with their

        24       families, are honorable people, dedicated,

        25       committed, get up whenever they have to report



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         1       to duty, put their lives on the line, are

         2       killed in the line of duty, young children

         3       left behind.  They are really our first line

         4       of defense for a civilized society here in

         5       New York State and really a model for the

         6       whole world.

         7                  So for anyone to be speaking in a

         8       demeaning, disparaging way has to be

         9       corrected.

        10                  There are possibly a few people

        11       where the allegations are they acted

        12       inappropriately -- and maybe criminally, in

        13       one case with me personally, but in other

        14       cases, apparently.  And the Attorney General

        15       will get to the bottom of that, I hope, in an

        16       expeditious way.

        17                  But we are honoring and recognizing

        18       a new leader.  And he's here with his wife,

        19       Earline.

        20                  And when I say we have a

        21       professional, we have a man who started as a

        22       sergeant.  I started as a sergeant in the

        23       infantry; he, in the State Police.  Went on to

        24       become lieutenant, captain, major, colonel.

        25       Retired some years ago.  Stayed active in the



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         1       community, dealing with young people, violence

         2       and the avoidance of violence in our schools,

         3       much to his credit.

         4                  So when the Governor looked around

         5       at who was a person who'd come up through the

         6       ranks, knows the system inside and out, Harry

         7       Corbitt came to the top.  The Governor wasn't

         8       in office two days when he talked to me about

         9       doing something to return credibility of the

        10       State Police to the people of this state.

        11                  So I am proud that I am here and

        12       speaking in favor of approving this

        13       nomination.  And I know there are many people

        14       on the floor.

        15                  And, Superintendent-to-be, if

        16       people don't get up, it's not because they

        17       don't want to say nice things.  Because

        18       they're very conscious of all the State Police

        19       on the road writing tickets.

        20                  (Laughter.)

        21                  SENATOR BRUNO:    So take it for

        22       granted that everybody here applauds you, your

        23       work, your life, and this nomination, whether

        24       they're on their feet or not.

        25                  I believe your stepson is here.



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         1       And that's John, that is here.  Welcome.

         2                  And Mae Francis, your

         3       mother-in-law?

         4                  COLONEL CORBITT:    She's not here.

         5                  SENATOR BRUNO:    Not here.

         6                  COLONEL CORBITT:    She's in

         7       Buffalo.

         8                  SENATOR BRUNO:    But she's very

         9       supportive.

        10                  (Laughter.)

        11                  SENATOR BRUNO:    And for a

        12       mother-in-law to be supportive, Earline,

        13       that's good work.  That's good work.  Because

        14       of all of us would aspire to our

        15       mother-in-laws being partners and supportive.

        16       So that says something for you and for your

        17       family.

        18                  So, Mr. President and colleagues,

        19       again, it's my honor and my privilege to move

        20       one of the Governor's first and most important

        21       nominations to be the Superintendent of State

        22       Police.

        23                  Thank you.

        24                  ACTING PRESIDENT GRIFFO:    Thank

        25       you, Senator Bruno.



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         1                  Senator Smith.

         2                  SENATOR SMITH:    Thank you very

         3       much, Mr. President.

         4                  To my colleagues and my friends, to

         5       Superintendent Corbitt's wife Earline, John,

         6       and Mae Francis Castelbury, who is in absentia

         7       but still supports Colonel Harry Corbitt, let

         8       me say this is a historical day on two fronts

         9       for this chamber.

        10                  One, for our good friend, our

        11       former colleague, the Governor, Senator

        12       Paterson, this is his first nominee who has

        13       gone through the process.

        14                  And it's also a first for an

        15       African-American to be the Superintendent and

        16       also to be confirmed by this body.

        17                  I would be remiss and I would be

        18       chastised by my colleagues if I did not

        19       take -- especially Ruth -- if I did not take

        20       this moment to offer a sense of pride for

        21       those of us in the African-American community

        22       that understand more so what it takes to move

        23       through the ranks of law enforcement, to move

        24       through the ranks of the military, to be able

        25       to go beyond and retire and then be called



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         1       back to a position where not only are you

         2       respected, but you now have a double

         3       challenge.

         4                  Obviously Senator Bruno talked

         5       about some of the challenges that are before

         6       us in terms of our troopers.  And so not only

         7       have you been called back to duty for the

         8       purpose of providing one of the best police

         9       forces in this state with some direction, but

        10       you also now have to rebuild a lot of that

        11       integrity and respect which many people had

        12       some questions about.

        13                  And as we still are on the heels of

        14       some reports and anticipation of some

        15       investigations being completed, we also know

        16       that without our state troopers there are a

        17       number of people throughout this state,

        18       including those in the State of New York, who

        19       are the beneficiaries of Operation IMPACT and

        20       what the troopers do throughout this state,

        21       and we are ever grateful for that.

        22                  Joe talked about how the

        23       Superintendent has such a distinguished

        24       career.  And I just want to acknowledge some

        25       of those, because I think many of you have



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         1       gone through the hearings and you asked a lot

         2       of hearings and made a lot of statements -- as

         3       Joe said, and I agree, you still going to get

         4       your parking ticket or your speeding ticket no

         5       matter how fast you travel.

         6                  And, Superintendent, if anyone

         7       calls and says "Can you help me out," my

         8       license plate is S3.

         9                  (Laughter.)

        10                  SENATOR SMITH:    But 1978,

        11       Military Intelligence Division of the Army.

        12       Was assigned to the barracks at Waterloo.

        13       Lieutenant, captain, major, and also a

        14       commanding officer for Troop T.  As Deputy

        15       Superintendent of Employee Relations, he also

        16       served as the Division's Labor Management

        17       Officer.  Directed the Division's Personnel

        18       Section and State Police Academy Training

        19       Programs.  Sergeant, lieutenant, Chief

        20       Inspector of Internal Affairs.  A member of

        21       NOBLE, Senator Adams.  And it just goes on and

        22       on and on.

        23                  I'm not sure where you -- how did

        24       you get all this time to do this.  And I guess

        25       your wife didn't see much of you.  She says



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         1       no, she didn't, huh?

         2                  Well, we thank you, Earline, in

         3       particular.  Because many of us who are

         4       married also understand the sacrifice that you

         5       give in terms of allowing him to be out there

         6       in the public -- long hours, long days.  Have

         7       to come back home, have to nurture him, given

         8       what he's been through that day.

         9                  And so we appreciate that.  And we

        10       just ask that you continue to nurture him so

        11       when he comes home, he'll feel okay when he

        12       has to come back that next day and do his job.

        13                  But I will tell you the most

        14       enjoyable thing that I can say about the

        15       colonel -- and I had this experience, and I

        16       look to have many more -- is that from time to

        17       time I'm up here on Sunday.  And it's just

        18       nice to see that he goes to the same church

        19       that I go to, Macedonia.

        20                  So we pray together, for the

        21       members that are here.  And if any of you want

        22       to have an opportunity to talk to the

        23       Superintendent outside of his normal moment,

        24       come to Macedonia on Sunday about 11 o'clock,

        25       and you -- Joe?  No?  Come to Macedonia, and



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         1       you'll have an opportunity.

         2                  But I want to extend, on behalf of

         3       our conference, the Senate Democratic

         4       conference -- I know my colleagues spoke to

         5       you and spoke on your behalf, and some of them

         6       were speaking today -- that we are very

         7       excited and very proud of this moment for you

         8       and your family, and we stand ready to be

         9       supportive of you and all the state troopers

        10       as you go forth and do your job.

        11                  God bless.

        12                  COLONEL CORBITT:    Thank you.

        13                  ACTING PRESIDENT GRIFFO:    Thank

        14       you, Senator Smith.

        15                  Senator Nozzolio.

        16                  SENATOR NOZZOLIO:    Thank you,

        17       Mr. President and my colleagues.

        18                  The true heroes in America are

        19       those that each and every day lay their lives

        20       on the line for the protection of others.  The

        21       heroes aren't the celebrities, they're not the

        22       people on the cover of People magazine.

        23       They're the brave men and women who each and

        24       every day serve their communities, their

        25       states, their nations by giving of themselves.



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         1                  And that's why I rise with great

         2       pride today to endorse a wonderful nomination

         3       by Governor Paterson who he himself, each and

         4       every day, Harry Corbitt, for the last 42

         5       years, has given of himself in service to his

         6       nation, to his state, and to his community.

         7                  A real hero who got a Bronze Star

         8       serving our nation in Vietnam.  A real hero

         9       who each and every day, in his career as a

        10       State Police officer -- a career that I'm very

        11       proud began in the 54th Senatorial District,

        12       in the Waterloo trooper barracks in Seneca

        13       County -- who rose through the ranks, as

        14       Senator Bruno described, from road patrol to

        15       sergeant to one administrative and leadership

        16       capacity job after another.

        17                  Who now, as Governor Paterson's

        18       nominee, will be leading the great men and

        19       women of the New York State Police, who are

        20       all heroes in our eyes, who each and every day

        21       lay their lives on the line for us.  Real

        22       heroes, real men and women who are heroes who

        23       have, I know, been disparaged in their own

        24       mind because of what has transpired over the

        25       last few months.



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         1                  This is a very critical juncture in

         2       the history of the New York State Police.  It

         3       requires an individual to be the leader who

         4       understands from top to bottom, bottom to top,

         5       the needs of the troopers who serve in this

         6       capacity.  One who will be candid and

         7       forthright and stand tall and be independent

         8       and show leadership, because leadership is

         9       necessary.

        10                  After meeting with Harry Corbitt,

        11       with Colonel Corbitt for an extended period of

        12       time and meeting with him in an open committee

        13       hearing yesterday for over an hour and a

        14       half -- where he was given many questions on

        15       many subjects from members of both sides of

        16       the aisle in, I believe, a very thorough

        17       way -- he, Harry Corbitt, answered each

        18       question with candor, honesty, and when he did

        19       not have a command of the individual facts,

        20       said so.

        21                  For that, we respect a great deal.

        22       And for that, he received the unanimous

        23       endorsement of his nomination by the Senate

        24       Crime Victims, Crime and Corrections

        25       Committee.



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         1                  This critical time, in one of the

         2       most, I believe, profound answers to the many

         3       questions that were given to Colonel Corbitt,

         4       was that why would he, after such a long and

         5       distinguished career, why would he decide to

         6       take on this challenge.  Did he have any

         7       second thoughts, after many years of his very

         8       successful career serving his nation and his

         9       state and, most recently, his community as

        10       heading school safety -- which all the members

        11       of our side of the aisle and the other side of

        12       the aisle, I know every member of this Senate

        13       is very concerned about, school safety.

        14       That's where Colonel Corbitt most recently

        15       spent his service, locally.

        16                  But he answered the question why

        17       are you taking on this challenge, I thought,

        18       with an extremely profound answer.  He said

        19       that a person he was mentoring and mentored

        20       through time asked him to come back because he

        21       owed it to those he was mentoring and for

        22       those he was serving.

        23                  I think that is a tremendous answer

        24       to a very profound question and says a lot

        25       about the character of a man who cares about



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         1       those people that he helped bring along.  And

         2       that a true leader doesn't leave when it's

         3       time to lead.  And that that, I think, is a

         4       measure of the individual that we all can be

         5       very proud in supporting.

         6                  That's why, Mr. President, I'm

         7       proud to recommend, as the committee advised

         8       the Senate, as the Committee of Crime and

         9       Corrections, in doing a very thorough review

        10       of this nominee, is proud unanimously to

        11       support this next superintendent of our

        12       New York State Police -- the heroes, the men

        13       and women who are heroes, a hero himself,

        14       Harry Corbitt.

        15                  Thank you.

        16                  ACTING PRESIDENT GRIFFO:    Thank

        17       you, Senator Nozzolio.

        18                  Senator Adams.

        19                  SENATOR ADAMS:    Thank you,

        20       Mr. President.

        21                  I think that this is one of the

        22       times that our colleagues from both sides of

        23       the aisle, we come together with a common

        24       denominator of how important it is that we

        25       deal with the issues of public safety.  And I



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         1       commend the Governor for making this his first

         2       appointment, and for us to have it move

         3       through with Chairman Nozzolio and myself as

         4       the ranking Democrat, that public safety is

         5       important to us all.

         6                  And although I take special pride

         7       that Colonel Corbitt is an African-American

         8       taking this position, I fully understand that

         9       when you start the process of donning a

        10       uniform -- if it's a green fatigue in military

        11       service, or if it's a gray or blue uniform in

        12       law enforcement -- the ethnicity comes off and

        13       integrity comes out to light.  And clearly

        14       Colonel Corbitt is a reflection of that.

        15                  And the question was raised for

        16       several months who's at the wheel, who's

        17       driving the vehicle of public safety

        18       throughout this state.

        19                  Clearly, we know that we have the

        20       right person that is at the wheel in driving

        21       this vehicle.  And why is this important?

        22       Because often when mistakes are made within a

        23       particular profession, the entire profession

        24       is tarnished.  It's hurt.

        25                  The PBA and other agencies that are



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         1       put in place to protect the men and women who

         2       wear law enforcement uniforms, they often are

         3       demonized by the behavior of the numerical

         4       majority that does not give a clear reflection

         5       of the countless number of men and women who

         6       would don a vest, a uniform, and say "I'm

         7       going to serve and protect."

         8                  And when you think about Senator

         9       Leibell and Senator Robach and Senator Volker

        10       and Senator Larkin and myself, who at one time

        11       or another took upon that admirable position

        12       of being in public service to the public, we

        13       realize how important it is, and our families

        14       and what that impact is to our families.

        15                  This is the perfect person for the

        16       right time, the right person at the wheel to

        17       drive and improve how we feel about our State

        18       Police.  We can look at his military

        19       involvement and his volunteer and his service

        20       in Vietnam.  We can look at what he has done

        21       as a state trooper.  Not only does he

        22       understand the academic aspect of it, as being

        23       an individual who taught State Police

        24       officers, but he also served.  He also served

        25       and understands the difficulties of driving up



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         1       and down our highways and making sure our

         2       highways and our byways and our communities

         3       are safe.

         4                  But he also did something that's

         5       important that's fitting for now.  He served

         6       in the Internal Affairs Bureau, the police of

         7       the police.  The highest level of integrity of

         8       the men and women who we give the

         9       responsibility to ensure the awesome amount of

        10       power that we give law enforcement personnel,

        11       that they will not abuse that power.  That was

        12       his responsibility as the chief, to ensure

        13       that corruption didn't exist.

        14                  Now, we can all pretend that

        15       nothing was wrong prior to his appointment.

        16       But the reality, something was wrong.  When

        17       men and women are put in charge of policing

        18       the people and they abuse that power in any

        19       way -- if it's targeting legislators or if

        20       it's going after one or two individuals that

        21       should not be targeted for any particular

        22       reason -- you need someone there that's going

        23       to come with the responsibility that Colonel

        24       Corbitt has to bring back the trust that we

        25       have in law enforcement.



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         1                  I'm happy that this is the choice

         2       that is desired.  I'm happy that he's a member

         3       of an organization that I'm part of, National

         4       Black Law Enforcement Executives.  I'm happy

         5       that he has decided to come back and

         6       participate in the entire process of policing

         7       our state.  I'm happy what he has done to deal

         8       with the issues of racial profiling.  I'm

         9       happy what he has done to deal with the issues

        10       of safeguarding our school and the public

        11       school system.  I'm happy that he decided once

        12       again to come out of retirement.

        13                  And you always look down your bench

        14       of possibility when you need a great ball

        15       player to build a team around.  We have a

        16       marquee player here.  The state troopers have

        17       their own modern-day Air Jordan, and we're

        18       going to make sure that we bring home the

        19       ring.

        20                  Thank you, Colonel Corbitt.

        21                  COLONEL CORBITT:    Thank you.

        22                  ACTING PRESIDENT GRIFFO:    Thank

        23       you, Senator Adams.

        24                  Senator Stachowski.

        25                  SENATOR STACHOWSKI:    Yes,



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         1       Mr. President, I too would like to rise to

         2       second the nomination of Harry Corbitt.

         3                  Obviously, if for no other reason,

         4       he's a Buffalo guy.  All us Buffalo guys get

         5       up and support the Buffalo guys when they're

         6       as qualified as Mr. Corbitt is.  A wonderful

         7       military career, just a classic State Police

         8       career.  Terrific accomplishments which were

         9       mentioned before.

        10                  I also found it interesting in

        11       hearings, and when I heard about Senator

        12       Nozzolio's hearings, that he has the support

        13       of all of the bargaining units, which is

        14       somebody that bargained against them in one of

        15       his positions.  To have their support I think

        16       is also very important.

        17                  I also think it's extremely

        18       important that a man of his quality accepted

        19       to be the superintendent at a time where we

        20       need somebody special.  And he also becomes

        21       Senator Paterson's first appointed person that

        22       passes through the Senate.

        23                  And I think that in the long run he

        24       will show to be worthy of this honor.  I think

        25       that we are lucky that Senator Paterson -- I



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         1       mean Governor Paterson; years of calling him

         2       Senator Paterson -- Governor Paterson sent his

         3       name up and that he agreed, when Governor

         4       Paterson called upon him to take this

         5       position, to take it.

         6                  For those all those reasons, I'm

         7       glad to have had this opportunity to second

         8       this nomination.

         9                  ACTING PRESIDENT GRIFFO:    Senator

        10       Marcellino.

        11                  SENATOR MARCELLINO:    Thank you,

        12       Mr. President.  I rise to second the

        13       nomination also.

        14                  Colonel Corbitt, I wish to thank

        15       you.  I did so in the Finance Committee, but

        16       I'll thank you on the record for your service

        17       to our nation and to our state.  It's

        18       exemplary.

        19                  I listened to Senator Smith go

        20       through all the different jobs that you've

        21       held in your career.  Some might suggest you

        22       had a problem holding a job, but not me.

        23       That's certainly not my concern.

        24                  You clearly, clearly are the right

        25       person at the right time.  You are charged



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         1       with leading what I believe to be one of the

         2       preeminent if not the preeminent police forces

         3       in our nation.  And I know, because I've had

         4       personal contact with your members as I travel

         5       up and down the Thruway.  And I have always,

         6       always found them to be courteous and

         7       professional.  Somewhat exasperated with me

         8       occasionally, but courteous and professional.

         9                  Sir, I wish you well.  I

        10       congratulate you for your appointment.  I

        11       congratulate Governor Paterson for making a

        12       fine choice.  God bless you.

        13                  ACTING PRESIDENT GRIFFO:    Senator

        14       Thompson.

        15                  SENATOR THOMPSON:    Thank you,

        16       Mr. President.  Thank you for the opportunity

        17       to say just a few kind words.

        18                  As my colleague from Western

        19       New York, Senator Stachowski said, it's always

        20       great to have someone from your hometown who

        21       is rising to a serious position of leadership

        22       and responsibility.

        23                  One of the things that I was

        24       pleased to hear about today was about his

        25       commitment to the school resource officer



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         1       program which is in many of the schools.  I

         2       have at least two school districts, one in the

         3       town of Grand Island which really looks

         4       forward to that program.

         5                  The other thing that I'm hopeful

         6       and optimistic about is his commitment to look

         7       at urban violence.  Many people have heard me

         8       talk about this on the floor of the Senate,

         9       that if we're really going to turn around

        10       neighborhoods in inner cities across upstate

        11       New York, we must address the problem of urban

        12       violence.

        13                  And I believe that there is a role

        14       that the State Police has played, it can

        15       continue to play and expand upon so that we

        16       can reduce the number of drive-by shootings,

        17       random violence at nightclubs and bars and

        18       playgrounds and parks and all different places

        19       that I believe reduce property values,

        20       threaten the quality of life, and increase the

        21       exodus of people not only out of cities but

        22       out of the first-ring, second-ring suburbs and

        23       in New York State as a whole.

        24                  So I look forward to him doing a

        25       great job, but also helping to partner with



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         1       local governments and local law enforcement

         2       agencies so that the State Police can play an

         3       even bigger role in solving crimes, unsolved

         4       homicides, and improving the quality of life

         5       in many of our struggling upstate cities.

         6                  Thank you, and I stand in support

         7       of his nomination.

         8                  ACTING PRESIDENT GRIFFO:    Senator

         9       Leibell.

        10                  SENATOR LEIBELL:    Thank you,

        11       Mr. President.

        12                  I rise in support of this

        13       nomination.  And we can all thank Governor

        14       Paterson for sending us over such a

        15       well-qualified nominee.

        16                  We've heard the comments from our

        17       colleagues today.  And Senator Johnson in

        18       Finance, Senator Nozzolio in Crime and

        19       Correction, they conducted extensive review of

        20       the candidate's qualifications.  And I would

        21       say to you that I think we'd be hard-pressed

        22       to find anyone who's going to come before us

        23       during this session who will have a better

        24       resume than this appointee.

        25                  Let me say to you that there is no



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         1       more important agency than this one, the

         2       New York State Police.  This is our "Long Gray

         3       Line" in New York State.  This is the

         4       preeminent law enforcement organization.  This

         5       is the organization that is respected and held

         6       as the standard for state police throughout

         7       the United States of America.  And it's

         8       considered to be one of the finest law

         9       enforcement organizations in the world.

        10                  We are today giving to you,

        11       Colonel Corbitt -- we're going to give you

        12       very shortly command of this organization.  It

        13       has had a brilliant history.  It will have an

        14       even more brilliant future.  Every great

        15       organization has its challenges; this

        16       organization will be no exception.  But it

        17       will be up to those challenges, I have no

        18       question about that.

        19                  And with Senator Adams, when he was

        20       ranking on the Homeland Security Committee, we

        21       worked closely with the New York State Police.

        22       They briefed us, they advised us, and they

        23       gave us the intelligence that we needed in

        24       order to do our job.

        25                  This is a great organization, and I



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         1       want to lend my support to this nomination.

         2       We have a great nominee here.

         3                  Thank you.

         4                  ACTING PRESIDENT GRIFFO:    Senator

         5       Robach.

         6                  SENATOR ROBACH:    Yes,

         7       Mr. President, let me, too, enthusiastically

         8       show my support for this nomination.

         9                  There is no question that at the

        10       cornerstone of any society has to be public

        11       safety, so this is important in so many ways.

        12                  Mr. Corbitt's resume, I won't

        13       reiterate it, clearly shows that throughout

        14       his career he has risen to whatever the

        15       challenge is and moved up through the ranks.

        16       And I like that too, because I like promoting

        17       from within.  I think it not only is qualified

        18       people, but also builds morale.  And in this

        19       case, we are doing that.

        20                  Continuing on the comments of my

        21       colleague Senator Leibell, he is absolutely

        22       right that the State Police really is looked

        23       at as the best of the best when it comes to

        24       policing.  You will now become the leader of

        25       what I believe is one of the best police



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         1       organizations, run almost in a paramilitary

         2       style, with a history of results, acting

         3       professionally and doing great things.  And

         4       that is truly, truly important.

         5                  So we want to congratulate you, I

         6       want to congratulate you and say, as you take

         7       this very, very important mantle, your job

         8       will be important for the public, but I do

         9       feel it's very important that each of us and

        10       collectively have a good relationship with

        11       you, whether it's a legislation we need to

        12       collectively do to make the public safer, or

        13       put the resources in the right place to help

        14       you and your men and women do the job to keep

        15       all New Yorkers safe.

        16                  So I wish you well.  I make my

        17       pledge here to work with you to that good goal

        18       of the best public safety we can have here in

        19       the State of New York with you, Mr. Corbitt,

        20       at the helm.  Godspeed.

        21                  ACTING PRESIDENT GRIFFO:    Senator

        22       Young.

        23                  SENATOR YOUNG:    Thank you,

        24       Mr. President.

        25                  I rise to add my voice to the



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         1       chorus of support for Colonel Corbitt to

         2       become the next superintendent of the State

         3       Police.

         4                  He spoke very personally and

         5       eloquently during the Finance Committee

         6       meeting just a few moments ago.  And one of

         7       the things that really struck me was that he

         8       spoke about his mother and he spoke about how

         9       she taught him his work ethic, how hard she

        10       worked when he was a youngster -- she was a

        11       single mom, and she worked at several jobs --

        12       and the challenges that she faced.

        13                  And, Colonel Corbitt, I want to

        14       assure you that your mother raised you right.

        15       She did a fantastic job.  And your entire

        16       family, I know, is extremely proud of your

        17       accomplishments.

        18                  One of the things that also struck

        19       me is that Colonel Corbitt is a great leader.

        20       He has the professionalism, he has the

        21       strength, but he also has the humility that is

        22       necessary to be a great leader.  He spoke

        23       about his service in Vietnam very briefly,

        24       that he earned a Bronze Star.  But that

        25       humility is necessary when you're leading the



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         1       fine men and women of the State Police here in

         2       New York State.

         3                  I come from an area that was

         4       traumatized during the manhunt ordeal of Ralph

         5       "Bucky" Phillips.  And I saw firsthand the

         6       dedication that our state troopers exhibit

         7       every day.  They got up in the morning, they

         8       did their jobs, they put themselves in harm's

         9       way, they grieved when we lost Trooper

        10       Longobardo and when Trooper Baker was severely

        11       wound during that manhunt.  But it shows the

        12       dedication that they have to protect and serve

        13       the people of this state.

        14                  So I want to thank all of the state

        15       troopers for what they've done.  And I will

        16       never forget the night when Bucky Phillips was

        17       apprehended.  The people of Chautauqua County

        18       lined the rural roads, all the way from

        19       Pennsylvania north, to applaud and cheer our

        20       state troopers for their brave service.

        21                  So thank you for your willingness

        22       to lead this great force.  We have had issues

        23       that I know you will resolve.  And I too, like

        24       Senator Leibell, look forward to a very, very

        25       distinguished and bright future under your



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         1       leadership for the State Police.

         2                  ACTING PRESIDENT GRIFFO:    Thank

         3       you, Senator Young.

         4                  Senator Bruno.

         5                  SENATOR BRUNO:    Can we at this

         6       time move the nomination, Mr. President.

         7                  ACTING PRESIDENT GRIFFO:    Thank

         8       you, Senator Bruno.

         9                  The question is on the nomination

        10       of Harry James Corbitt as Superintendent of

        11       State Police.  All in favor signify by saying

        12       aye.

        13                  (Response of "Aye.")

        14                  ACTING PRESIDENT GRIFFO:

        15       Opposed, nay.

        16                  (No response.)

        17                  ACTING PRESIDENT GRIFFO:

        18       Congratulations, Harry James Corbitt.  You are

        19       now confirmed as Superintendent of the

        20       New York State Police.

        21                  (Extended applause.)

        22                  ACTING PRESIDENT GRIFFO:    Again,

        23       we acknowledge and welcome his wife, Earline;

        24       his stepson, John.

        25                  We wish him well, and



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         1       congratulations.

         2                  (Applause.)

         3                  ACTING PRESIDENT GRIFFO:    Senator

         4       Bruno.

         5                  SENATOR BRUNO:    Mr. President, is

         6       there any further business at the desk to take

         7       up at this time?

         8                  ACTING PRESIDENT GRIFFO:    There

         9       is not, Senator Bruno.

        10                  SENATOR BRUNO:    Mr. President,

        11       there being no further business to come before

        12       the Senate, I would move that we stand

        13       adjourned until 3:00 p.m. Tuesday, April 29th,

        14       intervening days to be legislative days.

        15                  Thank you.

        16                  ACTING PRESIDENT GRIFFO:    On

        17       motion, the Senate stands adjourned until

        18       Tuesday, April 29th, at 3:00 p.m., intervening

        19       days being legislative days.

        20                  (Whereupon, at 12:32 p.m., the

        21       Senate adjourned.)

        22

        23

        24

        25



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