Regular Session - January 26, 2010

                                                            434



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                   January 26, 2010

        11                       3:12 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR NEIL D. BRESLIN, Acting President

        19  ANGELO J. APONTE, Secretary

        20

        21

        22

        23

        24



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

         2                  ACTING PRESIDENT BRESLIN:    The

         3       Senate will please come to order.

         4                  I ask all to continue to stand as

         5       we do the Pledge of Allegiance.

         6                  (Whereupon, the assemblage recited

         7       the Pledge of Allegiance to the Flag.)

         8                  ACTING PRESIDENT BRESLIN:    In the

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

        10       moment of silence.

        11                  (Whereupon, the assemblage

        12       respected a moment of silence.)

        13                  ACTING PRESIDENT BRESLIN:    The

        14       reading of the Journal.

        15                  The Secretary will read.

        16                  THE SECRETARY:    In Senate,

        17       Monday, January 25, the Senate met pursuant to

        18       adjournment.  The Journal of Sunday,

        19       January 24, was read and approved.  On motion,

        20       Senate adjourned.

        21                  ACTING PRESIDENT BRESLIN:

        22       Without objection, the Journal stands approved

        23       as read.

        24                  Presentation of petitions.



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         1                  Messages from the Assembly.

         2                  Messages from the Governor.

         3                  Reports of standing committees.

         4                  Reports of select committees.

         5                  Communications and reports from

         6       state officers.

         7                  Motions and resolutions.

         8                  Senator Klein.

         9                  SENATOR KLEIN:    Mr. President, I

        10       believe there's a resolution at the desk by

        11       Senator Carl Kruger.  I ask that the

        12       resolution be read in its entirety and move

        13       for its immediate adoption.

        14                  ACTING PRESIDENT BRESLIN:

        15       Senator Klein, has this resolution been deemed

        16       privileged and submitted to the office of the

        17       Temporary President?

        18                  SENATOR KLEIN:    Yes, it has,

        19       Mr. President.

        20                  ACTING PRESIDENT BRESLIN:    The

        21       Secretary will read.

        22                  THE SECRETARY:    By Senators

        23       Kruger, Sampson and Smith, legislative

        24       resolution welcoming the members of a



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         1       delegation representing the republic of

         2       Tatarstan, Russian Federation, upon the

         3       occasion of its visit to the New York State

         4       Senate on January 26, 2010.

         5                  "WHEREAS, It is the sense of this

         6       Legislative Body to recognize and commemorate

         7       those historical events of distinction which

         8       enrich the cultural experience and strengthen

         9       the bonds of cooperation and understanding

        10       among all peoples of our global community; and

        11                  "WHEREAS, There are individuals

        12       within the international community of singular

        13       purpose and great achievement who serve their

        14       country and the brotherhood of nations with

        15       uncommon vision, intellect and commitment,

        16       commanding the greatest respect for their

        17       integrity of purpose and strength of

        18       accomplishment; and

        19                  "WHEREAS, This Legislative Body is

        20       justly proud to welcome the members of a

        21       delegation of government, business, research

        22       and education officials representing the

        23       Republic of Tatarstan, part of the Russian

        24       Federation, upon the occasion of its visit to



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         1       the New York State Senate on Tuesday,

         2       January 26, 2010.  An invitation was extended

         3       by the State University of New York Office of

         4       International Programs/Center on U.S. and

         5       Russia; and

         6                  "WHEREAS, The delegation is led by

         7       Dr. Farid Khairullovich Mukhametshin, Chairman

         8       of the State Council of the Republic of

         9       Tatarstan, Russia, and also the Speaker of the

        10       Republic's Parliament; and

        11                  "WHEREAS, Also visiting are Marat

        12       Galeev, chairman of the Tatarstan State

        13       Council Committee on Economy, Investment and

        14       Business; Mikhail Stolyarov, First Deputy

        15       Plenipotentiary Representative of the Republic

        16       in the Russian Federation; Sergey Yushko,

        17       Director-General of the Technopark; Ravil

        18       Nigmedzyanov, Representative of the Republic

        19       of Tatarstan in the U.S.; and Dr. Vladimir

        20       Kholodnov, Department Chair of Kazan

        21       University Academy of Social Education; and

        22                  "WHEREAS, The goal of the visit is

        23       establish interparliamentary relationships

        24       with the New York State Legislature, for the



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         1       purpose of exchange of ideas focusing on

         2       topics of population diversity, economic

         3       development, arts and culture, and education;

         4       and

         5                  "WHEREAS, Even though Tatarstan is

         6       an oil-rich Russian republic, it is looking to

         7       improve its economy by getting involved in new

         8       technologies, including nanotechnology and

         9       smart investment of their funds; and

        10                  "WHEREAS, In addition to meeting

        11       with the New York State Senate, the six-member

        12       delegation's visit will include meeting with

        13       Governor David A. Paterson, the New York State

        14       Assembly, Nancy Zimpher, Chancellor of the

        15       State University of New York, the center for

        16       International Government, the Center for

        17       Technology and Government, the University at

        18       Albany College of Nanoscale Sciences and

        19       Engineering, and the State Department of

        20       Economic Development; and

        21                  "WHEREAS, It is the custom of this

        22       Legislative Body to keep in mind the

        23       improvement of international relations and the

        24       underlying traditions of friendship based on



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         1       the commitment to common values, mutual

         2       interests and principles of openness, trust,

         3       transparency, and mutual respect, as well as

         4       taking into account the rich historical

         5       heritage and multicultural nature of the State

         6       of New York and the Republic of Tatarstan;

         7       now, therefore, be it

         8                  "RESOLVED, That this Legislative

         9       Body pause in its deliberations to welcome the

        10       members of a delegation representing the

        11       Republic of Tatarstan, Russian Federation,

        12       upon the occasion of its visit to the New York

        13       State Senate on January 26, 2010, and be it

        14       further

        15                  "RESOLVED, That copies of this

        16       resolution, suitably engrossed, be transmitted

        17       to the members of the delegation from the

        18       Republic of Tatarstan."

        19                  ACTING PRESIDENT BRESLIN:

        20       Senator Kruger.

        21                  SENATOR CARL KRUGER:    Thank you,

        22       Mr. President.

        23                  It is with honor that today I

        24       welcome the delegation from Tatarstan to join



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         1       this esteemed body.  As we say, thank you for

         2       becoming part of our extended family.

         3                  I have the unique distinction of

         4       representing the largest Russian constituency

         5       outside of what was the former Soviet Union.

         6       Through the years that we have developed a

         7       common bond and a common interest, we've been

         8       able to establish many of the goals and

         9       achievements that we embody in today's

        10       resolution.

        11                  In our communities we share both in

        12       the economic aspects of our new Russian

        13       heritage, we've developed professional ties,

        14       we've developed ties within the industry,

        15       within the healthcare community, but most

        16       importantly in friendship.

        17                  And consequently, communities that

        18       otherwise would have deteriorated got a new

        19       birth of life and a new era of gentrification

        20       because of the energy and effort that was put

        21       in by the Russian community into the

        22       neighborhoods of Brighton Beach, Sheepshead

        23       Bay, Manhattan Beach, Coney Island, and

        24       Bensonhurst.



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         1                  Our community has the distinction

         2       of electing to the New York State Assembly the

         3       first Russian-American ever to hold public

         4       office in this country.

         5                  We have developed ties that have

         6       brought the world of the Russian communities

         7       and the Russian countries after the breakup in

         8       the 1990s to our own shores.

         9                  Whether it's the night life or

        10       whether it's the good food that makes the

        11       Russian community part of our lives, through

        12       those processes, whether it's in the field of

        13       education -- as this delegation is a

        14       representative body of SUNY, the State

        15       University of New York, and the collaborative

        16       efforts that we hope to embody in future

        17       years -- to the memorandum of understanding

        18       that was signed today by our conference leader

        19       and the speaker of the Tatarstan Parliament,

        20       says clearly and distinctly we send a

        21       compelling message that our home is your home

        22       and we hope that your home is our home as we

        23       continue to develop strong ties, economic

        24       growth, mutual trust, transparency in



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         1       government, and the adoption that this

         2       parliament, like your parliament, together --

         3       even though you have a unicameral system --

         4       the economic development that this country has

         5       been able to achieve has great significance,

         6       from being a world leader in the building of

         7       helicopters and defense aircraft to its

         8       petrochemicals and to its rich oil resources,

         9       to the educational institutions that they have

        10       built and the economic plateaus that they have

        11       reached, if we in this state can even approach

        12       the success of Tatarstan and the Tatarstan

        13       people, then truly we will be able to prove

        14       that not only do we know that this is the

        15       Empire State, but that people working together

        16       can truly make a difference.

        17                  Thank you, Mr. President.

        18                  ACTING PRESIDENT BRESLIN:    Thank

        19       you, Senator Kruger.

        20                  Senator Smith.

        21                  SENATOR SMITH:    Thank you very

        22       much, Mr. President.

        23                  To Dr. Mukhametshin, on behalf of

        24       the State Senate, on behalf of our colleagues,



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         1       we welcome you and your delegation to one of

         2       the premier chambers in this country.

         3                  We are honored that you have chosen

         4       to visit New York State.  Obviously Tatarstan

         5       has an international ethnic background as well

         6       as New York.  That, in itself, brings us to a

         7       common place and a common place for achieving

         8       certain goals.

         9                  We also understand, through SUNY,

        10       and we appreciate their international

        11       government program, that you are here in

        12       pursuit of a partnership, a partnership where

        13       this house is more than encouraged, is more

        14       than willing to do so.  In particular, your

        15       interest in nanotechnology, where we are what

        16       we consider to be a premier location in this

        17       country and perhaps throughout the world.

        18                  What we witnessed today,

        19       colleagues, was a memorandum of understanding

        20       that was signed by Dr. Mukhametshin, Senator

        21       Sampson, witnessed by Senator Carl Kruger,

        22       Senator Jeff Klein, myself, and Senator

        23       Espada.  That particular memorandum of

        24       understanding not only chose to partner in



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         1       economic development but also in education and

         2       cultural exchange.

         3                  The generosity of Dr. Mukhametshin

         4       in inviting us to Tatarstan is one that we

         5       consider an honor and a privilege.  We know

         6       that many of our colleagues -- in particular

         7       Senator Kruger, who represents one of the

         8       largest Russian populations in this state --

         9       truly understand the importance of such a

        10       partnership, and we are honored by the

        11       invitation.

        12                  We are again honored that you are

        13       here today, trust that the relationship that

        14       we begin today is one that we expect to be

        15       long-standing.  Notwithstanding the intro from

        16       SUNY, but we know that we will partner

        17       together to do some great things for this

        18       country and for Russia.

        19                  We also know that the world is very

        20       small.  It is no longer just one country

        21       versus another, but we are all in this

        22       together.  And it is our firm belief that

        23       through your leadership, through the

        24       leadership of the State of New York, we will



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         1       do promising things for all of our residents

         2       to improve their life and the quality of life

         3       in Russia as well as in New York.

         4                  Thank you again on behalf of the

         5       State Senate, and we look forward to our

         6       future relationship.

         7                  ACTING PRESIDENT BRESLIN:    Thank

         8       you, Senator Smith.

         9                  Senator Farley.

        10                  SENATOR FARLEY:    Thank you,

        11       Mr. President.

        12                  Let me rise and, Senator Kruger,

        13       thank you, for you bringing forth this

        14       resolution and also in welcoming our

        15       delegation from Tatarstan who have had a

        16       relationship for many years.

        17                  As a law professor for over

        18       30 years at SUNY, I applaud the international

        19       program that has made you part of our state

        20       and our Senate, and I applaud my colleagues

        21       for welcoming you here.

        22                  We're delighted to have you.

        23       Certainly as an oil-rich emerging nation, we

        24       are very, very interested in making friends



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         1       with you.  As everybody knows, we need oil.

         2       And we need all of your cooperation.

         3                  And it is with pleasure that I

         4       welcome you here.  Enjoy your visit to one of

         5       the most beautiful legislative chambers in the

         6       world.

         7                  Thank you.

         8                  ACTING PRESIDENT BRESLIN:    Thank

         9       you, Senator Farley.

        10                  Senator Stachowski.

        11                  SENATOR STACHOWSKI:    Yes,

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

        13       welcome the delegation.

        14                  I had the good fortune of being in

        15       a meeting with them earlier today in

        16       Assemblyman Farrell's office.  And the

        17       prospect of setting up relationships

        18       economically and through the Nanotech Center

        19       and hopefully through some of other university

        20       sites that will work with their economic

        21       people I think bodes very well for our future.

        22                  It's an exciting new partnership

        23       and I think something to look forward to.  And

        24       it was my privilege to be at that meeting



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         1       earlier today and welcome them all to our

         2       chamber.

         3                  Thank you, Mr. President.

         4                  ACTING PRESIDENT BRESLIN:    Thank

         5       you, Senator Stachowski.

         6                  Senator Stavisky.

         7                  SENATOR STAVISKY:    Thank you,

         8       Mr. President.

         9                  And I too want to welcome

        10       Dr. Mukhametshin and his colleagues to the

        11       United States, but especially to the Senate

        12       chamber.

        13                  I met with the delegation also

        14       earlier today, and I too am privileged to

        15       represent many people from the former Soviet

        16       Union.  In Queens County we have a sizable

        17       population, in Forest Hills, Rego Park, Fresh

        18       Meadows and Kew Gardens Hills.

        19                  But the relationship between SUNY

        20       is a broad, vast, international relationship

        21       that I think emphasizes the international

        22       nature of the State University of New York.

        23       It's not just the 64 campuses in New York

        24       State; they reach out to people all over the



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         1       world.  Last year the minister of education in

         2       the People's Republic of China came to Stony

         3       Brook, and he is a graduate of the University

         4       at Buffalo.

         5                  So the reputation of the State

         6       University of New York, SUNY, extends

         7       worldwide, including to the Russian institute

         8       that they maintain.

         9                  And it's particularly fitting, I

        10       think, that in times of economic difficulty

        11       the field of higher education reaches out to

        12       the business community, because this is indeed

        13       a partnership.  And I look forward to a long

        14       partnership with the Republic of Tatarstan and

        15       the State of New York.

        16                  Thank you, Mr. President.

        17                  ACTING PRESIDENT BRESLIN:    Thank

        18       you, Senator Stavisky.

        19                  Senator Perkins.

        20                  SENATOR PERKINS:    Thank you,

        21       Mr. President.

        22                  I want to first thank my colleague

        23       Senator Kruger for this resolution and

        24       bringing his guests to join us.



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         1                  And I want to thank you for being

         2       here and want you to know that the people in

         3       my district, especially the Harlem part of my

         4       district, want you to come and pay a visit to

         5       our community.  It's the most famous community

         6       in the world.  And it's a place that if you

         7       visit this country, you haven't quite fully

         8       visited the country until you set foot in the

         9       mecca of the African diaspora.

        10                  Now, you might also know that

        11       amongst us is one who the Russian community

        12       has honored by the name of Paul Robeson who,

        13       when he was not welcome in other places, he

        14       was welcome -- and in fact I believe there's a

        15       monument in his honor.

        16                  So again, in memory of him and on

        17       behalf of the people that I represent from the

        18       People's Republic of Harlem, I want to make

        19       sure that we extend our love and look forward

        20       to you coming to visit us.  There's a soulful

        21       dinner at a place called Sylvia's waiting for

        22       you.

        23                  Thank you so much.

        24                  ACTING PRESIDENT BRESLIN:    Thank



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         1       you, Senator Perkins.

         2                  Are there any other Senators

         3       wishing to be heard on the resolution?

         4                  The question is then on the

         5       resolution.  All those in favor please signify

         6       by saying aye.

         7                  (Response of "Aye.")

         8                  ACTING PRESIDENT BRESLIN:

         9       Opposed, nay.

        10                  (No response.)

        11                  ACTING PRESIDENT BRESLIN:    The

        12       resolution is adopted.

        13                  Senator Kruger has indicated that

        14       he would like this resolution to be opened to

        15       all in the chamber.  Anyone not wishing to be

        16       on this resolution please notify the desk.

        17                  Senator Klein.

        18                  SENATOR KLEIN:    Mr. President,

        19       there will be an immediate meeting of the

        20       Finance Committee in the Majority Conference

        21       Room, 332.

        22                  Pending return of the Finance

        23       Committee, can we please stand at ease.

        24                  ACTING PRESIDENT BRESLIN:    There



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         1       will be an immediate meeting of the Finance

         2       Committee in Room 332.

         3                  The Senate will stand at ease until

         4       their return.

         5                  (Whereupon, the Senate stood at

         6       ease at 3:30 p.m.)

         7                  (Whereupon, the Senate reconvened

         8       at 4:19 p.m.)

         9                  ACTING PRESIDENT BRESLIN:

        10       Senator Klein.

        11                  SENATOR KLEIN:    Mr. President, I

        12       believe there's a report of the Finance

        13       Committee at the desk.

        14                  ACTING PRESIDENT BRESLIN:

        15       Returning to the order of reports of standing

        16       committees, there is a report of the Finance

        17       Committee at the desk.

        18                  The Secretary will read.

        19                  THE SECRETARY:    Senator Kruger,

        20       from the Committee on Finance, reports the

        21       following nominations.

        22                  As a member of the State Board of

        23       Parole, I. Jared Brown, of New York City.

        24                  ACTING PRESIDENT BRESLIN:



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         1       Senator Kruger.

         2                  SENATOR CARL KRUGER:    Please move

         3       the nomination.

         4                  ACTING PRESIDENT BRESLIN:    The

         5       question is on the motion to confirm the

         6       nomination on of I. Jared Brown to the State

         7       Board of Parole.  All those in favor please

         8       signify by saying aye.

         9                  (Response of "Aye.")

        10                  ACTING PRESIDENT BRESLIN:

        11       Opposed, nay.

        12                  (Response of "Nay.")

        13                  ACTING PRESIDENT BRESLIN:    The

        14       motion carries.  The nomination of I. Jared

        15       Brown is hereby confirmed.  Congratulations.

        16                  Senator Maziarz.

        17                  SENATOR MAZIARZ:    I'll be voting

        18       in the negative on that nomination,

        19       Mr. President.  Thank you.

        20                  ACTING PRESIDENT BRESLIN:    The

        21       record will indicate Senator Maziarz to be

        22       recorded in the negative.

        23                  The Secretary will continue to

        24       read.



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         1                  THE SECRETARY:    As a member of

         2       the Crime Victims Board, Mary Haviland, of

         3       Brooklyn.

         4                  ACTING PRESIDENT BRESLIN:

         5       Senator Kruger.

         6                  SENATOR CARL KRUGER:    Please move

         7       the nomination.

         8                  ACTING PRESIDENT BRESLIN:    Are

         9       there any Senators wishing to be heard on the

        10       nomination?

        11                  The question is on the motion to

        12       confirm the nomination of Mary Haviland to the

        13       Crime Victims Board.  All those in favor

        14       please signify by saying aye.

        15                  (Response of "Aye.")

        16                  ACTING PRESIDENT BRESLIN:

        17       Opposed, nay.

        18                  (No response.)

        19                  ACTING PRESIDENT BRESLIN:    The

        20       motion carries.  The nomination of Mary

        21       Haviland is hereby confirmed.

        22                  Ms. Haviland is joined by her

        23       husband, Dr. Steven Markowitz, and her nephew,

        24       Peter.



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         1                  Congratulations.

         2                  (Applause.)

         3                  ACTING PRESIDENT BRESLIN:    The

         4       Secretary will continue to read.

         5                  THE SECRETARY:    As a nonvoting

         6       union member of the Capital District

         7       Transportation Authority, Mark G. Gerling, of

         8       Albany.

         9                  As a member of the Central New York

        10       Regional Transportation Authority, Louella

        11       Williams, of Syracuse.

        12                  As members of the State Banking

        13       Board, Wesley Chen, of Briarcliff Manor;

        14       Joseph M. Drayton, of New York City; and

        15       George J. Vojta, of Bronxville.

        16                  As members of the Medical Advisory

        17       Committee, Celia Alfalla, M.D., of East

        18       Irvington; Ruben P. Cowart, DDS, of Syracuse;

        19       Charles Gold, of New York City; and Anthony P.

        20       Vavasis, M.D., of Brooklyn.

        21                  As a member of the State Hospital

        22       Review and Planning Council, Felicia Dyer, of

        23       Brooklyn.

        24                  As a member of the Council of Human



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         1       Blood and Transfusion Services, Rachel C.

         2       Elder, of Canastota.

         3                  And as members of the Board of

         4       Directors of the Roosevelt Island Operating

         5       Corporation, Katherine Teets Grimm, M.D., of

         6       New York City; Michael Shinozaki, of Roosevelt

         7       Island; and Margaret Mary Elizabeth Smith, of

         8       New York City.

         9                  ACTING PRESIDENT BRESLIN:

        10       Senator Kruger.

        11                  SENATOR CARL KRUGER:    Please move

        12       the nominations.

        13                  ACTING PRESIDENT BRESLIN:

        14       Senator DeFrancisco.

        15                  SENATOR DeFRANCISCO:    Yes, I

        16       support all of these nominations, especially

        17       the two from Syracuse, Louella Williams and

        18       Ruben Cowart.  Not only are they eminently

        19       qualified for these positions, but they are

        20       outstanding Syracuse University fans who, to

        21       the chagrin of one person at the desk -- with

        22       a blue suit, a female person with glasses,

        23       black hair -- beat the living daylights out of

        24       Georgetown last night.



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         1                  And all of us New Yorkers who truly

         2       support our New York teams are in accord with

         3       Louella Williams and Ruben Cowart, not only on

         4       their qualifications but also on their

         5       intelligence in supporting the correct team in

         6       this very, very important basketball season.

         7                  Thank you, Mr. President.

         8                  ACTING PRESIDENT BRESLIN:    Point

         9       of information, Senator DeFrancisco.  Is

        10       Syracuse still playing Division I basketball?

        11                  (Laughter.)

        12                  SENATOR DeFRANCISCO:    Well, I

        13       think -- I'd be more than happy to answer

        14       that.  Not only are they playing Division I,

        15       they are the number-one RPI-rated schedule

        16       this year.  They're now Number 4 in the

        17       nation.  They've won 20 games and January

        18       isn't out yet, it's 20 and 1.  And also their

        19       records are a little bit better than Albany

        20       and Siena.

        21                  ACTING PRESIDENT BRESLIN:    Why

        22       did I ask?

        23                  (Laughter.)

        24                  ACTING PRESIDENT BRESLIN:    Are



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         1       there any other Senators wishing to be heard

         2       on the nomination?

         3                  Senator Stavisky.

         4                  SENATOR STAVISKY:    Yes, I rise to

         5       agree with my colleague, the Senator from

         6       Syracuse.  As a graduate -- not a basketball

         7       player, but a graduate -- I agree with

         8       everything you have said.

         9                  ACTING PRESIDENT BRESLIN:    The

        10       question is on the motion to confirm the

        11       nominations.  All those in favor please

        12       signify by saying aye.

        13                  (Response of "Aye.")

        14                  ACTING PRESIDENT BRESLIN:

        15       Opposed, nay.

        16                  (No response.)

        17                  ACTING PRESIDENT BRESLIN:    The

        18       motion carries.  The nominations are

        19       confirmed.

        20                  Senator Hassell-Thompson.

        21                  SENATOR HASSELL-THOMPSON:    Thank

        22       you, Mr. President.

        23                  I rise to congratulate the Governor

        24       on these appointments that he has brought



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         1       forth, and I would just like to take the

         2       opportunity to speak on one of our nominees

         3       today in the person of Judge Colleen Duffy.

         4                  Judge Duffy and I go back a long

         5       ways.  We served in local government

         6       together -- is there a problem?

         7                  ACTING PRESIDENT BRESLIN:    We

         8       haven't raised the nomination yet, Senator.

         9                  SENATOR HASSELL-THOMPSON:    We

        10       haven't raised her yet?  Oh, see, see, you

        11       gave me misinformation.  All right, then I'll

        12       wait until you do.  Thank you.

        13                  Thank you, Mr. President.

        14                  ACTING PRESIDENT BRESLIN:

        15       Senator Klein.

        16                  SENATOR KLEIN:    Mr. President, I

        17       believe there's a report of the Judiciary

        18       Committee at the desk.  Can we take it up at

        19       this time.

        20                  ACTING PRESIDENT BRESLIN:    There

        21       is a report of the Judiciary Committee at the

        22       desk.

        23                  The Secretary will read.

        24                  THE SECRETARY:    Senator Sampson,



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         1       from the Committee on Judiciary, reports the

         2       following nomination.

         3                  As a justice of the Supreme Court

         4       of the Ninth Judicial District, Colleen D.

         5       Duffy, of Mount Vernon.

         6                  ACTING PRESIDENT BRESLIN:

         7       Senator Hassell-Thompson.

         8                  SENATOR HASSELL-THOMPSON:    Thank

         9       you, Mr. President.

        10                  If we will roll back the tape, I

        11       rise to congratulate the Governor on his

        12       nominees today.  And I am very happy to speak

        13       on behalf of Judge Colleen D. Duffy.

        14                  Judge Duffy and I served together

        15       on the city council, in local government.  And

        16       I have to tell you that for those of you know

        17       me, we did toe-to-toe on a lot of issues.  But

        18       I think that we represented very good

        19       government together.  And I know that on that

        20       bench she's going to be extraordinary.

        21                  And I am very grateful to the

        22       Governor on this particular choice.  I was

        23       sorry that I was not able to make the

        24       committee this morning where I would have been



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         1       able to speak on her behalf, but I am very

         2       appreciative that she has made it to this

         3       stage of confirmation.

         4                  And I want to just congratulate her

         5       children, who are with her, because I know how

         6       much time mommy has to be away.  But as a true

         7       family mom, they are with her whenever she can

         8       make time in her very busy schedule on the

         9       bench.

        10                  But I think that she will

        11       demonstrate on that bench in Supreme Court the

        12       kind of justice that she represented for the

        13       years that we served together in the city

        14       council.

        15                  And thank you, Mr. President.

        16                  ACTING PRESIDENT BRESLIN:    Thank

        17       you, Senator Hassell-Thompson.

        18                  Senator Maziarz to second the

        19       nomination of Judge Duffy.

        20                  SENATOR MAZIARZ:    Thank you very

        21       much, Mr. President.

        22                  As the ranking member of the

        23       Judiciary Committee, we met today and our

        24       Chairman Sampson gave us every courtesy, the



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         1       Republican members, to meet with this nominee.

         2       And we found her qualifications for this

         3       position of Supreme Court justice to be

         4       extraordinary.

         5                  We certainly congratulate her and

         6       support this nomination fully.  She has a

         7       great background in Family Court, which

         8       everyone knows is not a very easy place to

         9       serve in the judiciary.  And she's going to

        10       make a great Supreme Court judge.

        11                  And we certainly wish her and her

        12       family well.

        13                  Congratulations, Judge.

        14                  ACTING PRESIDENT BRESLIN:    Are

        15       there any other Senators wishing to be heard?

        16                  Senator Oppenheimer.

        17                  SENATOR OPPENHEIMER:    Yes, I'd

        18       like to also second Colleen Duffy's

        19       nomination.  This is a really fine move by our

        20       Governor, and we appreciate it.

        21                  Colleen has served for six years in

        22       the Family Court, and as someone mentioned

        23       earlier, that's not an easy place to serve.

        24       And she has not only served with distinction,



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         1       but she has actually reached out to the

         2       agencies that assist the litigants in her

         3       court.

         4                  And of course serving as a City

         5       Court judge prior to that, she had to deal

         6       with hundreds of criminal and civil cases.

         7                  So she has a wonderful background.

         8       She also has a wonderful educational

         9       background, in that she went to the College of

        10       New Rochelle, which is in my Senate district

        11       and a really wonderful college, and kept up

        12       her connection there, served as an adjunct

        13       professor there.  And she's had a very

        14       distinguished career, and her education could

        15       not have reached a higher level, being magna

        16       cum laude almost everywhere she went.

        17                  But most importantly, she graduated

        18       from NYU Law School and is a good friend of my

        19       daughter's, who was in the same class.

        20                  So congratulations, Colleen.  And

        21       congratulations, you two wonderful -- three

        22       wonderful -- two wonderful girls, one

        23       wonderful boy.  You were so patient, and we're

        24       very proud of you.  And we're very proud of



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         1       mom.

         2                  Thanks.

         3                  ACTING PRESIDENT BRESLIN:    Thank

         4       you, Senator Oppenheimer.

         5                  Senator Stewart-Cousins.

         6                  SENATOR STEWART-COUSINS:    Yes,

         7       thank you, Mr. President.  I too wanted to

         8       rise to second the nomination of the wonderful

         9       Judge Colleen Duffy.

        10                  I saw her as she was getting ready

        11       to go into the Judiciary Committee hearing,

        12       and her children and her dad, I guess, were

        13       keeping her calm.  And then I saw her coming

        14       out, and I said "Well, how was it?"  And she

        15       said:  "It was fine."

        16                  And I just wanted you to know it

        17       was fine because your reputation precedes you,

        18       because people know when they have a quality

        19       judge sitting in front of them.

        20                  And certainly, as you've heard most

        21       of my colleagues talk about service on the

        22       city council, the education that you have

        23       achieved, we also want to recognize the

        24       service that you give the pro bono work, the



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         1       volunteer work, the mentoring that you do, the

         2       teaching.  You are such a well-rounded person

         3       that I know the Supreme Court will benefit

         4       from you being there.

         5                  Congratulations.

         6                  ACTING PRESIDENT BRESLIN:    Thank

         7       you, Senator Stewart-Cousins.

         8                  Senator Leibell.

         9                  SENATOR LEIBELL:    Thank you,

        10       Mr. President.

        11                  Many of us have been commenting too

        12       on how well-disciplined these youngsters have

        13       been here waiting for us today.  It's probably

        14       a good example for all of us.

        15                  But I want to join with my

        16       colleagues in seconding this nomination,

        17       because this judge has brought to us a great

        18       deal of experience, a very successful career

        19       as an attorney and as a local official and

        20       local judge in Family Court.

        21                  And we congratulate the Governor

        22       and thank him for sending us this name.

        23                  ACTING PRESIDENT BRESLIN:    Thank

        24       you, Senator Leibell.



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         1                  Senator Klein, to close.

         2                  SENATOR KLEIN:    Thank you,

         3       Mr. President.  I too would like to rise on

         4       behalf of Judge Colleen Duffy.

         5                  But I do want to recognize she has

         6       some of her family here today:  her father,

         7       John Duffy; her daughter Kayley Lynch; son

         8       Patrick Lynch, another daughter Shannon Lynch,

         9       and of course her au pair, Letitia Rodriguez.

        10       I want to welcome them all here today.

        11                  I had the privilege of campaigning

        12       at the same time with Judge Duffy.  She worked

        13       very, very hard.  But I was certainly amazed

        14       at the time that she had such a connection

        15       with the community.

        16                  Many who run for the judiciary

        17       spend most of their time no big law firms and

        18       really never have that direct connection with

        19       the people that they're going to hear cases

        20       from.  So I was amazed at the work that she

        21       did as a city council member in Mount Vernon,

        22       active in a whole host of community

        23       organizations.

        24                  Certainly when she was a Family



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         1       Court judge she served Westchester very, very

         2       well.  And certainly her elevation to the

         3       Supreme Court, I believe certainly justice

         4       will be done.

         5                  I move her nomination.

         6                  ACTING PRESIDENT BRESLIN:    Thank

         7       you, Senator Klein.

         8                  Are there any other Senators

         9       wishing to be heard?

        10                  Hearing none, the question is on

        11       the nomination of Colleen D. Duffy, of

        12       Mount Vernon, as a justice of the Supreme

        13       Court Ninth Judicial District.  All in favor

        14       please signify by saying aye.

        15                  (Response of "Aye.")

        16                  ACTING PRESIDENT BRESLIN:

        17       Opposed, nay.

        18                  (No response.)

        19                  ACTING PRESIDENT BRESLIN:    The

        20       motion carries.  The nomination of Colleen D.

        21       Duffy as a justice of the Ninth District is

        22       hereby confirmed.

        23                  (Applause.)

        24                  ACTING PRESIDENT BRESLIN:



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         1       Congratulations, Judge Duffy and family.

         2                  Senator Klein.

         3                  SENATOR KLEIN:    Mr. President, at

         4       this time may we please move back to the order

         5       of motions and resolutions.

         6                  I believe Senator Adams has a

         7       privileged resolution.

         8                  ACTING PRESIDENT BRESLIN:

         9       Senator Klein, has this resolution been deemed

        10       privileged and submitted to the office of the

        11       Temporary President?

        12                  SENATOR KLEIN:    Yes, it has,

        13       Mr. President.

        14                  ACTING PRESIDENT BRESLIN:    The

        15       Secretary will then read.

        16                  THE SECRETARY:    By Senators Adams

        17       and Leibell, legislative resolution paying

        18       just tribute and remembering the 59 brave

        19       members of the United States Armed Forces who

        20       are from, have family ties to, or were

        21       stationed in New York and who lost their lives

        22       during 2009 while fighting on behalf of the

        23       United States and the State of New York.

        24                  "WHEREAS, The courage and bravery



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         1       of our military personnel since the United

         2       States Armed Forces commenced Operation

         3       Enduring Freedom in Afghanistan in October of

         4       2001, and Operation Iraqi Freedom in Iraq in

         5       March of 2003, will ensure our continued

         6       enjoyment of the freedoms we are blessed to

         7       have as American citizens; and

         8                  "WHEREAS, It is with deep sorrow

         9       and great remorse that this Legislative Body

        10       inscribes upon its records this memoriam for

        11       the many young men and women from New York

        12       whose selfless service on behalf of American

        13       values has led them to pay the ultimate

        14       sacrifice defending the United States and the

        15       values it is founded upon; and

        16                  "WHEREAS, On behalf of the people

        17       of the State of New York the members of this

        18       Legislative Body offer their most sincere

        19       heartfelt condolences to the families and

        20       friends of our fallen young men and women.

        21       Our thoughts and prayers will continue to be

        22       with each and every one of them; and

        23                  "WHEREAS, This Legislative Body is

        24       moved with great respect and reverent esteem



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         1       to pay tribute to the heroic actions of each

         2       and every one of the fallen, knowing that

         3       their memory will forever remain with their

         4       families; and

         5                  "WHEREAS, The banner of freedom

         6       will always wave over our beloved New York and

         7       all of America, the Land of the Free and the

         8       Home of the Brave; and

         9                  "WHEREAS, Residents of this great

        10       state must never forget the courage with which

        11       these men and women served their country and

        12       must recognize that no greater debt is owed

        13       than that owed to those who gave their lives

        14       to this beloved nation and to those who

        15       continue to be missing in action; and

        16                  "WHEREAS, The freedoms and security

        17       we cherish as Americans come at a very high

        18       price for those serving in the military in

        19       times of conflict.  It is fitting and proper

        20       that we who are the beneficiaries of their

        21       heroic acts of patriotism express our

        22       appreciation and eternal gratitude for their

        23       sacrifices; now, therefore, be it

        24                  "RESOLVED, That this Legislative



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         1       Body pause in its deliberations to honor the

         2       lives of the 389 brave soldiers, sailors,

         3       airmen, airwomen, Marines and civilians of the

         4       United States Armed Forces who have been

         5       killed during their years of service in

         6       Afghanistan and Iraq in support of the

         7       freedoms of our country and the people of the

         8       State of New York; and be it further

         9                  "RESOLVED, That this Legislative

        10       Body extend its deepest sympathy to the

        11       families of the 59 below-named service members

        12       who made the ultimate sacrifice in 2009 to

        13       help secure the freedom of the United States

        14       of America.  The people of the City of New

        15       York owe a debt to these brave service members

        16       and solemnly pledge that they shall never be

        17       forgotten; and be it further

        18                  "RESOLVED, That this Legislative

        19       Body wishes to express its profound thanks and

        20       to honor the memory of the following soldiers,

        21       sailors, airmen and airwomen, and Marines who

        22       lost their lives during Operations Iraqi

        23       Freedom and Enduring Freedom since January 1,

        24       2009, and who are from New York, have family



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         1       ties to the state, or who were stationed in

         2       New York; and be it further

         3                  "RESOLVED, The 59 brave members of

         4       the United States Armed Forces who lost their

         5       lives fighting for their country in Iraq and

         6       Afghanistan include:

         7                  Jason M. Johnston, U.S. Army,

         8       Albion, New York;

         9                  Dennis J. Hansen, U.S. Army, Panama

        10       City, Florida;

        11                  Michael A. Rogers, U.S. Army, White

        12       Sulphur Springs, Montana;

        13                  Amy C. Tirador, U.S. Army, Albany,

        14       New York;

        15                  Robert K. Charlton, U.S. Army,

        16       Malden, Missouri;

        17                  Luis M. Gonzalez, South Ozone Park,

        18       U.S. Army;

        19                  Eric A. Jones, Westchester,

        20       New York, U.S. Marine;

        21                  Keith R. Bishop, Medford, New York,

        22       U.S. Army;

        23                  Daniel J. Rivera, Rochester,

        24       New York, U.S. Army;



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         1                  Kevin O. Hill, Brooklyn, New York,

         2       U.S. Army;

         3                  Aaron M. Smith, Manhattan, Kansas,

         4       U.S. Army;

         5                  John J. Malone, Yonkers, New York,

         6       U.S. Marine;

         7                  Jeremiah J. Monroe, Niskayuna,

         8       New York, U.S. Army;

         9                  Daniel L. Cox, Parsons, Kansas,

        10       U.S. Army;

        11                  Nekl B. Allen, Rochester, New York,

        12       U.S. Army;

        13                  Abraham S. Wheeler, III, Columbia,

        14       South Carolina, U.S. Army;

        15                  Darby T. Morin, Victoria, Canada,

        16       U.S. Army;

        17                  Justin R. Pellerin, Boscawen,

        18       New Hampshire, U.S. Army;

        19                  Brian M. Wolverton, Oak Park,

        20       California, U.S. Army;

        21                  Leopold F. Damas, Floral Park,

        22       New York, U.S. Marine;

        23                  Matthew K.S. Swanson, Lake Forest,

        24       California, U.S. Army;



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         1                  Jerry R. Evans, Jr.; Eufaula,

         2       Alabama, U.S. Army;

         3                  James D. Argentine, Farmingdale,

         4       New York, U.S. Marine;

         5                  Alexander J. Miller, Clermont,

         6       Florida, U.S. Army;

         7                  Justin D. Coleman, Spring Hill,

         8       Florida, U.S. Army;

         9                  Jeremy S. Lasher, Oneida, New York,

        10       U.S. Marine;

        11                  Gregory Owens, Jr., Garland, Texas,

        12       U.S. Army;

        13                  Anthony M. Lightfoot, Riverdale,

        14       Georgia, U.S. Army;

        15                  Andrew J. Roughton, Houston, Texas,

        16       U.S. Army;

        17                  Dennis J. Pratt, Duncan, Oklahoma,

        18       U.S. Army;

        19                  Eric J. Lindstrom, Flagstaff,

        20       Arizona, U.S. Army;

        21                  Joshua R. Faris, LaGrange, Texas,

        22       U.S. Army;

        23                  Terry J. Lynch, Shepherd, Montana,

        24       U.S. Army;



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         1                  Peter K. Cross, Haltorn City,

         2       Texas, U.S. Army;

         3                  Rodrigo A. Munguia Rivas,

         4       Germantown, Maryland, U.S. Army;

         5                  Roberto A. Hernandez, Far Rockaway

         6       New York, U.S. Army;

         7                  Jasper K. Obakrairur, Hilo, Hawaii,

         8       U.S. Army;

         9                  Jeffery A. Hall, Huntsville,

        10       Alabama, U.S. Army;

        11                  Matthew W. Wilson, Miller,

        12       Missouri, U.S. Army;

        13                  Matthew D. Ogden, Corpus Christi,

        14       Texas, U.S. Army;

        15                  Marko M. Samson, Columbus, Ohio,

        16       U.S. Army;

        17                  Esau I. De La Pena-Hernandez,

        18       La Puente, California, U.S. Army;

        19                  Carlie M. Lee III, Birmingham,

        20       Alabama, U.S. Army;

        21                  Justin P. Hartford, Elmira,

        22       New York, U.S. Army;

        23                  Raul Moncada, Madera, California,

        24       U.S. Army;



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         1                  Blaise A. Oleski, Holland Patent,

         2       New York, U.S. Marine;

         3                  Daniel J. Beard, Buffalo, New York,

         4       U.S. Army;

         5                  Adam J. Hardt, Avondale, Arizona,

         6       U.S. Army;

         7                  Daniel J. Geary, Rome, New York,

         8       U.S. Marine;

         9                  Patrick A. Devoe, II, Auburn,

        10       New York, U.S. Army;

        11                  Michael L. Mayne, Burlington Flats,

        12       New York, U.S. Army;

        13                  Raymond J. Munden, Mesquite, Texas,

        14       U.S. Army;

        15                  Albert R. Jex, Lockport, New York,

        16       U.S. Army;

        17                  Matthew G. Kelley, Cameron,

        18       Missouri, U.S. Army;

        19                  Joshua M. Tillery, Beaverton,

        20       Oregon, U.S. Army;

        21                  Benjamin H. Todd, Colville,

        22       Washington, U.S. Army;

        23                  Philip E. Windorski, Jr., Bovey,

        24       Minnesota, U.S. Army;



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         1                  Julian T. Brennan, Brooklyn,

         2       New York, U.S. Marine;

         3                  And Alberto Francesconi, Bronx,

         4       New York, U.S. Marine; and be it further

         5                  "RESOLVED, That copies of this

         6       resolution, suitably engrossed, be transmitted

         7       to the families of those brave young men and

         8       women who died in the service of their

         9       country."

        10                  ACTING PRESIDENT BRESLIN:

        11       Senator Adams.

        12                  SENATOR ADAMS:    Thank you,

        13       Mr. President.

        14                  And I want to thank my friend

        15       Senator Leibell for cosponsoring this

        16       resolution with me.

        17                  It's hard to believe that, you

        18       know, back when a student in the first grade

        19       went through the school system and now, as he

        20       gets ready to go to high school and leave the

        21       eighth grade, all of his life and education

        22       has been seen in a war.  The war in Iraq has

        23       been over six years; the war in Afghanistan

        24       has been over eight years.  And many of our



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         1       young men and women, over 4,000 young men and

         2       women have died in Afghanistan and over 4,000

         3       have died in Iraq.

         4                  Just as a Marine won't leave a

         5       soldier on the field of battle, we would not

         6       leave our men and women who come home on the

         7       field of life without any services that they

         8       need to make their way back into society.  The

         9       numbers are staggering.  The numbers of death

        10       are only increased by the numbers of men and

        11       women who are injured, maimed, lost limbs, and

        12       the difficulties of reinfusing into society.

        13                  And there are three areas I believe

        14       we need to focus on, one being that they

        15       receive the necessary emotional attention.

        16       The war is challenging, it's difficult.  As my

        17       nephew returned home, he left as a child and

        18       he came back with some of the scars of war.

        19                  We saw that in Vietnam during the

        20       '60s.  Many of our young men and women who

        21       returned back to these shores returned without

        22       proper care, they turned to drugs and alcohol,

        23       and many of them were incarcerated.  We can't

        24       let that happen again.



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         1                  We must open up our educational

         2       system.  SUNY and CUNY must be

         3       veteran-friendly campuses where we can allow

         4       young men and women to receive the necessary

         5       education to permit them to be part of both

         6       public and private services.

         7                  Lastly, we must ensure medical

         8       care.  There are many injuries that's

         9       associated with this war that are different

        10       from wars of previous years.  So as a body we

        11       must do all that we can to make sure that when

        12       they walk through the doors of the hospital,

        13       they're treated like the heroes that they are.

        14       And I'm sure that Senator Leibell shares the

        15       same passion and concern.

        16                  If our men and women can endure

        17       green fatigues, then they too can wear blue

        18       uniforms as a police or as a firefighter.

        19       They too can be on construction sites.  That

        20       is what's great about this country:  We treat

        21       our heroes in the correct manner.  And our

        22       heroes are our men and women that made the

        23       conscious decision to participate in the thing

        24       that's called freedom, something that we hold



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         1       dear.

         2                  So I stand and rise in admiration

         3       of the 59 men and women who are from New York

         4       or affiliated with New York State and have

         5       lost their lives in the last year and the

         6       thousands that have lost their lives

         7       throughout the duration of this war.  And it

         8       is all our hope and dream that they can

         9       complete their task and return home to their

        10       families so that their children won't start

        11       school in the first grade to reach the eighth

        12       grade and the war is still participated on.

        13                  I salute these men and women.

        14       Thank you.

        15                  ACTING PRESIDENT BRESLIN:    Thank

        16       you, Senator Adams.

        17                  Senator Leibell.

        18                  SENATOR LEIBELL:    Thank you,

        19       Mr. President, and my colleague and friend

        20       Senator Adams, for your sponsorship of this

        21       resolution.

        22                  Hearing you today in this chamber

        23       list these names -- almost all young people,

        24       young people who have given up their lives,



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         1       have sacrificed almost everything they could

         2       have for us.  And the recognition that we have

         3       now started another year where, already early

         4       in the year, there are more and more

         5       casualties.

         6                  It is humbling to think that all of

         7       these young people who gave up so much, all of

         8       their dreams, it is humbling to think that

         9       they would do this to allow us as well as

        10       peoples from faraway countries to live in

        11       freedom or to attempt to live in freedom.

        12                  As Senator Adams noted, we owe them

        13       so much, as well as those who come home and

        14       who have served and have been injured, whether

        15       physically or psychologically, from the scars

        16       of war.

        17                  So as we today act on this

        18       resolution from this Legislature, we all

        19       extend our appreciation to those who made such

        20       a sacrifice, to those who continue to

        21       sacrifice far away from home, to their

        22       families who have suffered so much, and pray

        23       that we will all be worthy of what they have

        24       given.



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         1                  Thank you, Mr. President.

         2                  ACTING PRESIDENT BRESLIN:    Thank

         3       you, Senator Leibell.

         4                  Senator Aubertine.

         5                  SENATOR AUBERTINE:    Thank you,

         6       Mr. President.

         7                  I too want to thank Senator Adams

         8       and Senator Leibell for bringing this

         9       resolution forward and just say that it is

        10       truly fitting that we do pause and recognize

        11       those who have paid the ultimate sacrifice for

        12       our freedoms.

        13                  And when someone loses their life,

        14       they lose it one individual at a time and it

        15       impacts one family at a time, one community at

        16       a time, one state, one nation.  But as the

        17       roll was being read, I'm certain that it

        18       wasn't lost on any of my colleagues that 37 of

        19       the 59 individuals who lost their lives were

        20       from Fort Drum.

        21                  Fort Drum happens to be in my

        22       district.  And I can assure you, I can assure

        23       you all that the loss of the 59 is certainly

        24       felt in Fort Drum and all across the state,



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         1       but the lost of those 37 from that one

         2       community is certainly felt.

         3                  And again, I want to thank Senator

         4       Adams and Senator Leibell for bringing this

         5       forward.

         6                  Thank you, Mr. President.

         7                  ACTING PRESIDENT BRESLIN:    Thank

         8       you, Senator Aubertine.

         9                  Senator Stewart-Cousins.

        10                  SENATOR STEWART-COUSINS:    Thank

        11       you, Mr. President.

        12                  I rise too to thank Senator Adams

        13       and Senator Leibell for doing this resolution.

        14                  It was heartbreaking, obviously,

        15       hearing the names.  One of those names was the

        16       name of Lance Corporal John J. Malone, who was

        17       24.  And he was from the city of Yonkers.  He

        18       went to the local school, and people

        19       remembered what a great friend he was and how

        20       much he loved music and how much people saw

        21       him as a role model.

        22                  But I also wanted to rise today

        23       because, as the clear closed and the new year

        24       began, there was another young man from



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         1       Yonkers who is not on the roll that you called

         2       but as of January 23rd will qualify for the

         3       2010 roll.  And that is Private First Class

         4       Gifford E. Hurt.  He was 19, from Yonkers.  He

         5       died on January 20th in Iraq, supporting Iraqi

         6       freedom.

         7                  So I know Senator Leibell was

         8       saying that as a new year began there were new

         9       names, untold names.  But unfortunately, this

        10       is a name I know.  And I just wanted to send

        11       my condolences to the family as we remember

        12       our heroes.

        13                  ACTING PRESIDENT BRESLIN:    Thank

        14       you, Senator Stewart-Cousins.

        15                  Senator Larkin.

        16                  SENATOR LARKIN:    Thank you,

        17       Mr. President.

        18                  Senator Adams, Senator Leibell are

        19       to be commended for putting this resolution

        20       together.

        21                  You know, as the names were being

        22       read, I thought of a time when my first

        23       individual was killed in combat, August the

        24       4th at 2:30 in Korea, 1950.



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         1                  To say a name, where they came

         2       from, where they were stationed, very

         3       important.  But it's also important that if we

         4       know any of these individuals, that we

         5       communicate with their families.

         6                  I went to the family of Bob Maples.

         7       His mother and father, African-Americans,

         8       taught in a segregated high school in

         9       Savannah, Georgia.  And they thought the world

        10       of the military and what opportunities it gave

        11       to their son.  Their son was 19 years old.  I

        12       was 24.

        13                  When you start to think about those

        14       that we lost here, these 59, just look.  Some

        15       of them could have gone on to be career

        16       servicemen, could have come back and been

        17       college professors, could have been Senator,

        18       they could have been something else.

        19                  But this is the heart of America

        20       we're talking about.  Some of these men were

        21       on their second and third tour when they were

        22       killed.  Their heart was America.  Not just

        23       because of what they did, but because of what

        24       they believed in.



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         1                  I think we should, before we close

         2       this, we should all stand in a moment of

         3       silence out of respect for those who gave

         4       everything for us.

         5                  ACTING PRESIDENT BRESLIN:    May we

         6       all rise and have a moment of silence for the

         7       deceased soldiers.

         8                  (Whereupon, the assemblage

         9       respected a moment of silence.)

        10                  ACTING PRESIDENT BRESLIN:    Are

        11       there any other Senators that wish to be heard

        12       on this resolution?

        13                  SENATOR LARKIN:    Mr. President,

        14       is it open for everybody?

        15                  ACTING PRESIDENT BRESLIN:

        16       Certainly it is.  It's open for everyone.

        17                  Are there any other Senators

        18       wishing to be heard?

        19                  Then the question is now on the

        20       resolution.  All those in favor please signify

        21       by saying aye.

        22                  (Response of "Aye.")

        23                  ACTING PRESIDENT BRESLIN:

        24       Opposed, nay.



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         1                  (No response.)

         2                  ACTING PRESIDENT BRESLIN:    The

         3       resolution is adopted.

         4                  Senators Adams and Leibell have

         5       indicated that they would have the resolution

         6       open.  Anyone wishing not to be part of it

         7       please notify the desk.

         8                  Senator Klein.

         9                  SENATOR KLEIN:    Mr. President, at

        10       this time can we adopt the Resolution Calendar

        11       in its entirety.

        12                  ACTING PRESIDENT BRESLIN:    All

        13       those in favor of adopting the Resolution

        14       Calendar in its entirety please signify by

        15       saying aye.

        16                  (Response of "Aye.")

        17                  ACTING PRESIDENT BRESLIN:

        18       Opposed, nay.

        19                  (No response.)

        20                  ACTING PRESIDENT BRESLIN:    The

        21       Resolution Calendar is adopted in its

        22       entirety.

        23                  Senator Klein.

        24                  SENATOR KLEIN:    Mr. President, at



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         1       this time I want to take up my own motion.  I

         2       move that the following bills be discharged

         3       from their respective committees and be

         4       recommitted with instructions to strike the

         5       enacting clause:  Senate Numbers 1877 and

         6       1879.

         7                  ACTING PRESIDENT BRESLIN:    So

         8       ordered.

         9                  Senator Klein.

        10                  SENATOR KLEIN:    Mr. President, at

        11       this time can we please move to a reading of

        12       the calendar.

        13                  ACTING PRESIDENT BRESLIN:    The

        14       Secretary will read.

        15                  THE SECRETARY:    Calendar Number

        16       16, by Senator Valesky, Senate Print 3602, an

        17       act to amend the Alcoholic Beverage Control

        18       Law, in relation to custom crush production of

        19       wine.

        20                  ACTING PRESIDENT BRESLIN:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT BRESLIN:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT BRESLIN:

         4       Announce the results.

         5                  THE SECRETARY:    Ayes, 61.

         6                  ACTING PRESIDENT BRESLIN:    The

         7       bill is passed.

         8                  Senator Klein, that completes the

         9       reading of the noncontroversial calendar.

        10                  SENATOR KLEIN:    Mr. President,

        11       there any further business at the desk?

        12                  SENATOR MAZIARZ:    Mr. President.

        13                  ACTING PRESIDENT BRESLIN:

        14       Senator Maziarz.

        15                  SENATOR MAZIARZ:    Thank you,

        16       Mr. President.

        17                  Senator Klein, I just thought of

        18       something.  We will not be gathering here

        19       again until next Monday.  And in between today

        20       and next Monday, there's a very important

        21       event, Senator Klein, with your indulgence.

        22                  Our resident military expert --

        23       Senator Padavan thinks that's him, but it's

        24       not.  We allow him to think that it's him.



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         1                  (Laughter.)

         2                  SENATOR MAZIARZ:    But our

         3       resident military expert, Senator Bill Larkin,

         4       is going to be celebrating on Friday a very

         5       significant event, his birthday.

         6                  (Applause.)

         7                  ACTING PRESIDENT BRESLIN:    Happy

         8       birthday, Senator Larkin.

         9                  SENATOR MAZIARZ:    Mr. President,

        10       Senator Larkin asked me not to mention which

        11       number of birthdays it is, but it is

        12       significant, I can assure of you of that.

        13                  (Laughter.)

        14                  ACTING PRESIDENT BRESLIN:

        15       Senator Klein.

        16                  SENATOR KLEIN:    Thank you.  Thank

        17       you, Senator.  And I know we all wish Senator

        18       Larkin a very happy birthday.

        19                  Mr. President, is there any further

        20       business at the desk?

        21                  ACTING PRESIDENT BRESLIN:    There

        22       is no further business at the desk.  The desk

        23       is clear.

        24                  SENATOR KLEIN:    There being none,



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         1       Mr. President, I move that we adjourn until

         2       Monday, February 1st, intervening days to be

         3       legislative days.

         4                  ACTING PRESIDENT BRESLIN:    There

         5       being no further business to come before the

         6       Senate, on motion, the Senate stands adjourned

         7       until Monday, February 1st, at 3:00 p.m.,

         8       intervening days to be legislative days.

         9                  (Whereupon, at 4:57 p.m., the

        10       Senate adjourned.)

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