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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 3, 2009

        11                       3:03 p.m.

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        14                 EXTRAORDINARY SESSION

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        16

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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:    Yes, Madam

        18       President.  Is there a proclamation from the

        19       Governor at 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 third day of July, two thousand

         6       nine, at three o'clock p.m., for the purpose

         7       of considering legislation I will submit with

         8       respect to various subjects, and acting on

         9       gubernatorial nominations.

        10                  "Given under my hand and the Privy

        11       Seal of the State in the City of Albany this

        12       first day of July in the year two thousand

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

        14                  ACTING PRESIDENT STEWART-COUSINS:

        15       The proclamation having been read, the Senate

        16       is in extraordinary session.

        17                  Senator Smith.

        18                  SENATOR SMITH:    Thank you,

        19       Madam President.  Would you please recognize

        20       my esteemed colleague Senator Dean Skelos,

        21       please.

        22                  ACTING PRESIDENT STEWART-COUSINS:

        23       Senator Skelos.

        24                  SENATOR SKELOS:    Thank you,



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         1       Senator Stewart-Cousins.  And thank you,

         2       Senator Smith.

         3                  And let me just start off by

         4       wishing Senator Owen Johnson a happy birthday.

         5                  ACTING PRESIDENT STEWART-COUSINS:

         6       Happy birthday.

         7                  (Applause.)

         8                  SENATOR SKELOS:    And Senator

         9       Johnson has assured everybody that he is going

        10       to outlive Moses.

        11                  (Laughter.)

        12                  SENATOR SKELOS:    So I'd like to

        13       say again good afternoon, Senator

        14       Stewart-Cousins.

        15                  And again, we convene this

        16       extraordinary session at the call of the

        17       Governor and in keeping with the decision of

        18       the court.

        19                  On June 8th, a majority of the

        20       members of this body elected Senator Pedro

        21       Espada as temporary president and myself as

        22       majority leader.  Under the rules adopted that

        23       day, I must point out that you are not the

        24       appropriate designated presiding officer.



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         1                  Therefore, I would like to lay

         2       aside the calendar and move that we adjourn

         3       sine die.

         4                  ACTING PRESIDENT STEWART-COUSINS:

         5       Thank you, Senator Skelos.

         6                  Senator Smith.

         7                  SENATOR SMITH:    Yes, thank you,

         8       Madam President.

         9                  And also on behalf of the

        10       Democratic majority, notwithstanding the round

        11       of applause, we would like to extend a

        12       wonderful happy birthday to Owen Johnson, who

        13       is a handsome Senator, a good-looking young

        14       man, proud to be a member of this chamber.

        15                  But also recognizing you as the

        16       president, Madam President -- duly understood

        17       to be so -- we do ask, given that we do not

        18       have any legislative activity today, we would

        19       adjourn this special session sine die.

        20                  ACTING PRESIDENT STEWART-COUSINS:

        21       On motion of Senator Smith, this extraordinary

        22       session is adjourned sine die, and with good

        23       wishes for a very happy birthday to Senator

        24       Johnson.



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         1                  (Whereupon, at 3:07 p.m., the

         2       Senate adjourned.)

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