Extraordinary Session - July 1, 2009

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         1                 NEW YORK STATE SENATE

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         4                THE STENOGRAPHIC RECORD

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         9                   ALBANY, NEW YORK

        10                     July 1, 2009

        11                       3:07 p.m.

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        14                 EXTRAORDINARY SESSION

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        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       would you please recognize Senator Skelos,

        19       please.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       Senator Skelos.

        22                  SENATOR SKELOS:    Thank you,

        23       Senator Stewart-Cousins.

        24                  And I'd like to again just



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         1       mention -- and really, for the sake of the

         2       decorum within the chamber, it's really not

         3       necessary to have guards around the podium.

         4       Because we're not going to rush up and, you

         5       know, take it over or anything like that.

         6                  So, you know, really it's sort of

         7       unseemly, unbecoming that you have the Aponte

         8       militia up there.  I would ask that they just

         9       go back to doing what jobs they do do.  We're

        10       not going to rush the podium.  You are secure

        11       and safe up there, even though we do not

        12       recognize you as the temporary presiding

        13       officer.

        14                  Mainly because, as you know, on

        15       June 8th there was a vote that elected Senator

        16       Espada temporary president of the Senate,

        17       myself as the majority leader, and that we are

        18       all here because of a court order that

        19       requires to us to convene as a body, and

        20       really that's it.

        21                  So again, I would reiterate that we

        22       do not recognize you as the temporary

        23       president.  We are only here to convene as the

        24       judge has required.



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         1                  Therefore, at this time I would

         2       like to make a motion to adjourn the

         3       extraordinary session sine die and lay aside

         4       the calendar.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Senator Smith.

         7                  SENATOR SMITH:    Yes, thank you,

         8       Madam President.

         9                  Thank you, Senator Skelos.

        10                  Madam President, would you at least

        11       read the proclamation that was issued at the

        12       desk by the Governor.

        13                  ACTING PRESIDENT STEWART-COUSINS:

        14       The Secretary will read.

        15                  THE SECRETARY:    "Pursuant to the

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

        17       the Constitution, I hereby amend the

        18       proclamation issued on the thirtieth day of

        19       June, two thousand nine, convening the Senate

        20       of the State of New York in Extraordinary

        21       Session at the Capitol, in the City of Albany,

        22       on the first day of July, two thousand nine,

        23       at three o'clock p.m., to include for

        24       consideration legislation to extend mayoral



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         1       control of New York City schools and to extend

         2       the exemption from the Wicks Law for the

         3       School Construction Authority.

         4                  "Given under my hand and the Privy

         5       Seal of the State in the City of Albany this

         6       first day of July in the year two thousand

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

         8                  ACTING PRESIDENT STEWART-COUSINS:

         9       The proclamation having been read, the Senate

        10       is in extraordinary session.

        11                  Senator Smith.

        12                  SENATOR SMITH:    Yes, thank you,

        13       Madam President.

        14                  Now that we are in Extraordinary

        15       Session Number 9, and I believe all members

        16       are in the chamber on both sides of the aisle,

        17       that we have met the order of the judge by

        18       which we are all to be present.

        19                  And given that we have no

        20       legislative activity today, I ask that we

        21       adjourn this special extraordinary session

        22       sine die.

        23                  SENATOR SKELOS:    Madam President,

        24       we'd like to move that we adjourn the



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         1       extraordinary session sine die.

         2                  ACTING PRESIDENT STEWART-COUSINS:

         3       On the motion of Senator Smith, we will

         4       adjourn the ninth extraordinary session

         5       sine die.

         6                  (Whereupon, at 3:11 p.m., the

         7       Senate adjourned.)

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