Extraordinary Session - June 30, 2009

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         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

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         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     June 30, 2009

        11                       7:03 p.m.

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        13

        14                 EXTRAORDINARY SESSION

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        16

        17

        18  SENATOR ANDREA STEWART-COUSINS, Acting President

        19  ANGELO J. APONTE, Secretary

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

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       The Senate will please come to order.

         4                  I ask everyone present to rise and

         5       recite with me the Pledge of Allegiance to our

         6       Flag.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  ACTING PRESIDENT STEWART-COUSINS:

        10       In the absence of clergy, may we all bow our

        11       heads for a moment of silence.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       Thank you.

        16                  Senator Smith.

        17                  SENATOR SMITH:    Madam President,

        18       is there a proclamation from the Governor at

        19       the desk?

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Yes, Senator Smith, there is a proclamation

        22       here at the desk.

        23                  The Secretary will read.

        24                  THE SECRETARY:    "Pursuant to the



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         1       power vested in me by Article IV, Section 3 of

         2       the Constitution, I hereby convene the Senate

         3       of the State of New York in Extraordinary

         4       Session, at the Capitol, in the City of

         5       Albany, on the thirtieth day of June,

         6       two thousand nine, at seven o'clock p.m., for

         7       the purpose of considering legislation I will

         8       submit with respect to various subjects.

         9                  "Given under my hand and the Privy

        10       Seal of the State in the City of Albany this

        11       thirtieth day of June in the year two thousand

        12       nine, by the Governor, David A. Paterson."

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       The proclamation having been read, the Senate

        15       is in extraordinary session.

        16                  Senator Smith.

        17                  SENATOR SMITH:    Yes, would you

        18       recognize Senator Skelos, please.

        19                  ACTING PRESIDENT STEWART-COUSINS:

        20       Senator Skelos.

        21                  SENATOR SKELOS:    Madam

        22       President --

        23                  ACTING PRESIDENT STEWART-COUSINS:

        24       Yes, Senator Skelos.



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         1                  SENATOR SKELOS:    Now, I don't

         2       know if I'm designating you or not, but --

         3                  ACTING PRESIDENT STEWART-COUSINS:

         4       I will not correct you.

         5                  SENATOR SKELOS:    -- I have to --

         6       and Senator Connor, I'm glad to see you're

         7       gainfully employed.

         8                  (Laughter.)

         9                  SENATOR SKELOS:    Let me just say

        10       that as I said earlier today, there was a

        11       decision by the Supreme Court judge that

        12       indicated that we were required to convene

        13       extraordinary session.

        14                  And I would like to mention again

        15       that I will refer to you as Senator

        16       Stewart-Cousins, as against Madam President,

        17       because it is our belief that you are not

        18       appropriately appointed the presiding officer.

        19                  The designation of a presiding

        20       officer would come from either Senator Espada

        21       or myself, based upon the vote that was taken

        22       in which leadership was changed, 32 actually

        23       to zero, electing Senator Espada temporary

        24       president of the Senate and myself majority



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         1       leader.

         2                  So I would like to, despite the

         3       fact that we do not formally recognize you as

         4       the acting president, move that this

         5       extraordinary session be adjourned sine die.

         6                  ACTING PRESIDENT STEWART-COUSINS:

         7       Thank you, Senator Skelos.

         8                  Senator Smith.

         9                  SENATOR SMITH:    Yes, Madam

        10       President.  Recognizing you as such, as the

        11       president of the Senate, I also move, given

        12       that we have no further business, that we do

        13       not take up any legislative activity and we do

        14       adjourn sine die.

        15                  ACTING PRESIDENT STEWART-COUSINS:

        16       On motion of Senator Smith, the session is

        17       adjourned sine die.

        18                  (Whereupon, at 7:06 p.m., the

        19       Senate adjourned.)

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