Regular Session - April 6, 2011

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         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     April 6, 2011

        11                       11:04 a.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  LIEUTENANT GOVERNOR ROBERT J. DUFFY, President

        19  FRANCIS W. PATIENCE, Secretary

        20

        21

        22

        23

        24

        25



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

         2                  THE PRESIDENT:    The Senate will

         3       come to order.

         4                  Please rise and repeat with me the

         5       Pledge of Allegiance.

         6                  (Whereupon, the assemblage recited

         7       the Pledge of Allegiance to the Flag.)

         8                  THE PRESIDENT:    Welcome to West

         9       Point Day in the State Senate.

        10                  The invocation today is to be given

        11       by Father Edson J. Wood, who is the brigade

        12       chaplain at West Point.  Father?

        13                  CHAPLAIN WOOD:    May we pray.

        14                  Almighty God, we pray You guide

        15       this great state and those who lead it.  Give

        16       Your spirit of wisdom to all whom we entrust

        17       with authority over us.  In time of our

        18       prosperity, temper our self-confidence with

        19       thankfulness.  And in the day of trouble, let

        20       our trust in You never fail.

        21                  Look, too, with Your generous

        22       bounty on West Point, which is to be honored

        23       here today.  Let her remember always that her

        24       mission of duty, honor, country is not a way

        25       of looking only at certain things, it is a



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         1       certain way of looking at everything.

         2                  And finally, O God, protect our

         3       uniformed brothers and sisters and their

         4       families all over this troubled world of ours.

         5       Guide them, protect them, keep them safe, and

         6       reward them bounteously for their greatness of

         7       soul.

         8                  Our prayer this day comes from

         9       hearts that are open to You, Eternal God.  And

        10       we ask these things in Your name, which is

        11       mighty.

        12                  Amen.

        13                  THE PRESIDENT:    Next we'll have

        14       the reading of the Journal.

        15                  THE SECRETARY:    In Senate,

        16       Tuesday, April 5th, the Senate met pursuant to

        17       adjournment.  The Journal of Monday,

        18       April 4th, was read and approved.  On motion,

        19       Senate adjourned.

        20                  THE PRESIDENT:    Without

        21       objection, the Journal stands approved as

        22       read.

        23                  Presentation of petitions.

        24                  Any messages from the Assembly?

        25                  The Secretary will read.



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         1                  THE SECRETARY:    On page 18,

         2       Senator Maziarz moves to discharge, from the

         3       Committee on Local Government, Assembly Bill

         4       Number 2411 and substitute it for the

         5       identical Senate Bill Number 205, Third

         6       Reading Calendar 233.

         7                  THE PRESIDENT:    Substitution

         8       ordered.

         9                  Presentation of petitions.

        10                  Messages from the Assembly.

        11                  Messages from the Governor.

        12                  Reports of standing committees.

        13                  Reports of select committees.

        14                  Communications and reports from

        15       state officers.

        16                  Motions and resolutions.

        17                  Senator Libous.

        18                  SENATOR LIBOUS:    Thank you,

        19       Mr. President.

        20                  Mr. President, at this time there's

        21       a privileged resolution at the desk by Senator

        22       Larkin.  I ask that we please read it in its

        23       entirety.  And before we move for its

        24       adoption, I would ask that you call on

        25       Senator Larkin.



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         1                  THE PRESIDENT:    Thank you,

         2       Senator.

         3                  The Secretary will read the

         4       resolution in its entirety.

         5                  THE SECRETARY:    Legislative

         6       resolution by Senator Larkin, memorializing

         7       Governor Andrew M. Cuomo to proclaim April 6,

         8       2011, as West Point Day in the State of

         9       New York.

        10                  "WHEREAS, This Legislative Body is

        11       justly proud to celebrate the establishment of

        12       the United States Military Academy at

        13       West Point and to call upon Governor Andrew M.

        14       Cuomo to proclaim April 6, 2011, as West Point

        15       Day in the State of New York; and

        16                  "WHEREAS, By an act of Congress on

        17       March 16, 1802, the United States Military

        18       Academy was established within the borders of

        19       New York State, on the banks of the Hudson

        20       River; and

        21                  "WHEREAS, The Academy and its

        22       graduates are an integral part of the proud

        23       history of this state and nation; and

        24                  "WHEREAS, The leadership and

        25       sacrifices of the members of the Long Gray



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         1       Line have helped this country withstand

         2       countless threats to our cherished democratic

         3       way of life; and

         4                  "WHEREAS, The alumni have excelled

         5       not only on the battlefield but in many fields

         6       of endeavor; and

         7                  "WHEREAS, The Academy continues to

         8       provide our country with able and dedicated

         9       future leaders; and

        10                  "WHEREAS, Its scenic campus is a

        11       mecca each year for thousands of visitors from

        12       across our state, continent, and other

        13       countries; and

        14                  "WHEREAS, The United States

        15       Military Academy is in the forefront of our

        16       state's outstanding institutions of higher

        17       learning; and

        18                  "WHEREAS, 59 years ago, the late

        19       James T. McNamara, then a member of the

        20       New York State Assembly, and a member of the

        21       Academy's class of 1939, was the author of the

        22       State Legislature's first 'West Point Day'

        23       Resolution; and

        24                  "WHEREAS, For decades, our nation

        25       has enjoyed the legacy of freedom, and the



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         1       United States Military Academy at West Point

         2       has played a vitally significant role in the

         3       maintenance of peace and freedom; and

         4                  "WHEREAS, The members of this

         5       Legislative Body are proud to commemorate this

         6       event marking April 6, 2011, as West Point Day

         7       in New York State; now, therefore, be it

         8                  "RESOLVED, That this Legislative

         9       Body pause in its deliberations to celebrate

        10       the establishment of the United States

        11       Military Academy at West Point and to

        12       memorialize Governor Andrew M. Cuomo to

        13       proclaim April 6, 2011, as West Point Day in

        14       the State of New York; and be it further

        15                  "RESOLVED, That a copy of this

        16       resolution, suitably engrossed, be transmitted

        17       to the Honorable Andrew M. Cuomo, Governor of

        18       the State of New York."

        19                  THE PRESIDENT:    Thank you.

        20                  Senator Larkin.

        21                  SENATOR LARKIN:    Thank you,

        22       Mr. President.

        23                  What an honor and distinct

        24       privilege to represent West Point.  And first

        25       of all, on behalf of all of my colleagues, I'd



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         1       like to offer a special welcome to General

         2       Huntoon and his wife, Margaret.  Please stand,

         3       and I'd like everybody to see you wonderful

         4       people.

         5                  (Applause.)

         6                  SENATOR LARKIN:    Before my

         7       remarks, I'd like to introduce you to this

         8       group of outstanding members, outstanding

         9       individuals and future leaders of our armed

        10       forces and our government.

        11                  First, Captain Marc Beaudoin is

        12       from the great State of Maine.  Please stand

        13       up as I call you, and then you can sit down.

        14       Thank you very much, First Captain.

        15                  Cadet Patrick Arlantico, from

        16       Kingston, my district.  Good to see you.

        17                  Cadet Ross Chesaniuk, Senator

        18       Sta -- Stati -- Stavisky's -- you know, those

        19       Irish names are hard to pronounce.

        20                  (Laughter.)

        21                  SENATOR LARKIN:    Thank you.

        22                  Cadet Gerard Connolly, from Senator

        23       Addabbo's.

        24                  Cadet Jeff Jang, Senator Skelos's

        25       district.  Thank you.



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         1                  Cadet Andrea Lloyd, from

         2       New Hampton, Orange County.  Good to see you.

         3                  Cadet Cidny Menjivar, from Senator

         4       Joe Addabbo.

         5                  Cadet Andy Uhorchak, from Cornwall,

         6       New York.  Don't sit down, Andy.

         7                  Andy is the third.  His oldest

         8       brother has already had a tour.  His sister is

         9       sitting in my old seat in Heidelberg -- when I

        10       was a youngster, Gene.  Thank you, Andy.  The

        11       third in his family, and he'll be there next

        12       year in the same fighting capacity as his

        13       brother and sister have.

        14                  Cadet Sally Chang; Senator

        15       Stavisky.

        16                  Cadet Madelyne Serrano, Senator

        17       Diaz.

        18                  Cadet Pat Stingley, Senator

        19       McDonald.

        20                  Cadet Shaliya Dehipawala.  Was I

        21       close?

        22                  CADET DEHIPAWALA:    No, sir.

        23                  (Laughter.)

        24                  SENATOR LARKIN:    Where's Tony

        25       Avella?  That's your fault, Tony.



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         1                  Cadet Corey Hill; Mike Nozzolio.

         2                  Cadet Enoch No; David Carlucci's.

         3                  Cadet Mark Hoempler; Senator

         4       Carlucci.

         5                  Cadet Colin Hennessy, Senator

         6       Skelos' office.

         7                  Ladies and gentlemen, the future of

         8       America.

         9                  (Standing ovation.)

        10                  SENATOR LARKIN:    You know, I know

        11       my colleagues have a habit of calling me the

        12       Colonel, you know.  It's not out of

        13       disrespect.  Because if it was, you know what

        14       I would do.

        15                  But this is a great day.  For we,

        16       the legislators from the State of New York, to

        17       invite you here to let you know that we

        18       respect you.

        19                  The Class of 2011 that will

        20       graduate in May will have orders.  This fall

        21       they'll be in harm's way, 90 percent of them.

        22       But we know that we can depend on you.  Four

        23       years ago, your class, you stood there in our

        24       day and you said "I do and I will."

        25                  This country depends on you.



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         1       You're the backbone of our country.  You are

         2       what every person that really cares about

         3       America looks at you and says "Thank you."

         4                  And we also thank your mothers and

         5       fathers for giving you the will and the desire

         6       and the opportunity to go to a great

         7       institution.

         8                  Look around, my colleagues, and

         9       think of those who went before these cadets.

        10       MacArthur, Eisenhower -- bring it up-to-date.

        11       Class of '56, Desert Storm's.  Look at today,

        12       Class of '74, General Petraeus, from my town

        13       of Cornwall.

        14                  This is what it's all about.  These

        15       are young men and women who make a difference

        16       every day.  The freshman class that are coming

        17       in in June, they won't be going to college and

        18       checking their gear in and say, "Let's go out

        19       and have a few beers Friday night," because

        20       that's not what the academy is all about.

        21                  The Long Gray Line:  Duty, honor

        22       and country.  How fortunate we are, not just

        23       as a state but as a nation.  There will be a

        24       thousand graduates in May.  I think it's a day

        25       that we all should be proud of.  Because when



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         1       those white hats are thrown in the air, it

         2       signifies that we've moved one step forward to

         3       your maturity and your leadership.

         4                  Check all of the cadets that are

         5       here today.  They didn't sit around and think

         6       of what they could do and goof off.  They all

         7       had activities.  They had all spirits.

         8                  Let me just tell you about 600 of

         9       them.  Last year we had the Special Olympics.

        10       General Huntoon says we'll do it again this

        11       year.  Six hundred cadets from all grades, all

        12       classes, helped with our Special Olympics.

        13       And if you'd see the cadets, men and women,

        14       handle those special individuals with their

        15       care and their respect, and they're willing to

        16       help them -- that's what this is all about at

        17       West Point.  This is about duty, honor and

        18       country.  It's about leadership.

        19                  I had the privilege of serving for

        20       23 years.  And as I told General Huntoon and a

        21       couple of others, in 23 years I only had one

        22       at West Point that we didn't get along.  But

        23       the funniest thing about it was a couple of my

        24       friends said, "What class?"  I said 1950.

        25       They said, "Oh, Cloyce B."  Everybody was in



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         1       unison.  Because they know who's the ones they

         2       can count on.

         3                  We are indeed proud of you.  We are

         4       thankful for what you have done.  As you march

         5       forward to accept the new assignment, the

         6       Class of 2011, just think, right here we have

         7       a distinguished graduate of the Class of 1961.

         8       Please stand.  Neil [sic] Breslin, the county

         9       executive.  After a distinguished career, he's

        10       now the county executive.

        11                  That's his brother next to him.  He

        12       has to advise his brother.

        13                  (Laughter.)

        14                  SENATOR LARKIN:    But just think

        15       about it.  You've got -- don't worry about the

        16       media.  If you recall that General Petraeus

        17       was just back here giving a briefing to the

        18       Senate, and somebody asked him a question

        19       about the leader's children.  And General

        20       Petraeus clearly just said, "Stephen Petraeus,

        21       First Lieutenant, A Company, 1st Battalion,

        22       173rd Airborne Infantry, 101st Airborne

        23       Division, just returned home from 15 months in

        24       Afghanistan."

        25                  The meeting by the Senate Armed



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         1       Services Committee ceased right there, because

         2       Senator Levin from Michigan said, "I don't

         3       think there are any other questions."

         4                  You have nothing to be ashamed of.

         5       You stand proud, as everybody in this chamber

         6       is proud of you.  May God bless you all.

         7                  (Applause.)

         8                  THE PRESIDENT:    Thank you,

         9       Senator.

        10                  Senator Skelos.

        11                  SENATOR SKELOS:    Would you

        12       recognize Senator Breslin, please.

        13                  THE PRESIDENT:    Senator Breslin.

        14                  SENATOR BRESLIN:    Thank you,

        15       Mr. President.

        16                  And welcome, West Point cadets.  On

        17       behalf of the Democratic conference, we're

        18       humbled to have you here.

        19                  We'd like to think that we have

        20       something in common with you, that it's our

        21       role to kind of act in a democratic way, and

        22       it's your role to preserve that democratic

        23       way.  And shortly you will be in harm's way.

        24       And you'll be following a tradition that goes

        25       back to Thaddeus Kosciuszko, who was told by



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         1       Washington to protect West Point.  And on to,

         2       as Senator Larkin said, on to some of the

         3       greatest leaders this world has ever known --

         4       Eisenhower, Pershing, MacArthur, Grant, and on

         5       and on and on.

         6                  And I'd like to highlight a couple

         7       of others that probably are less well known.

         8       Henry O. Flipper, who was the first

         9       African-American graduate in 1877.  In 1915,

        10       Luis Estevez became the first Hispanic to

        11       graduate from West Point.  And in 1980,

        12       Project Athena, where 119 extraordinary women

        13       became the first women cadets, with Andrea

        14       Hollen becoming the first to graduate.  And on

        15       and on and on.

        16                  And you are a part of duty, honor,

        17       country.  And you are the ones that are there

        18       to preserve the greatest experiment in our

        19       country, the experiment of democracy that

        20       continues to this day.

        21                  And again, as I said, we are

        22       humbled to have you here.  And I also take

        23       this special day once a year to not make fun

        24       of a brother with my same surname, to honor

        25       him on this day.  In fact, Senator Larkin has



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         1       already given him the highest honor

         2       imaginable --

         3                  (Laughter.)

         4                  SENATOR BRESLIN:    -- by referring

         5       to him as Neil.

         6                  (Laughter.)

         7                  SENATOR BRESLIN:    But indeed, I

         8       say this once a year, that my older brother is

         9       indeed my idol.  A 1961 graduate of West

        10       Point, who, as I've told you earlier, played

        11       basketball, football and baseball at

        12       West Point and went on to Jump School, Ranger

        13       School, Jungle Warfare School, Air

        14       Transportation School, Jump Master School, and

        15       as a 27-year-old in Vietnam made major,

        16       reporting to General Creighton Abrams, and

        17       went on to teach, at the College of the

        18       Americas, counterinsurgency.

        19                  And this partially prepared him to

        20       become a county executive --

        21                  (Laughter.)

        22                  SENATOR BRESLIN:    -- and to deal

        23       with the mandates that are sent down by a

        24       group -- not this group and this conference;

        25       there were others before us, others before us



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         1       and others in other conferences.

         2                  But this indeed is wonderful for

         3       all of us.  You are in our prayers as you

         4       prepare for graduation and prepare to defend

         5       us and allow us to continue to debate here,

         6       but to debate here in a very civil way.

         7                  We do things in a way that we do

         8       not hear about or see in any other country in

         9       this world.  We do things by arguing back and

        10       forth to come up with compromises that better

        11       serve democracy.

        12                  So my hat is off to you on this

        13       wonderful day, and my hat is also off to my

        14       brother and all of those who have gone before

        15       you.

        16                  Thank you, Mr. President.

        17                  THE PRESIDENT:    Thank you,

        18       Senator.

        19                  Senator Skelos.

        20                  SENATOR SKELOS:    Thank you very

        21       much, Mr. President.

        22                  Our Republican conference and the

        23       entire chamber welcomes you to Albany once

        24       again there year.

        25                  Colonel Larkin, I want to start off



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         1       by thanking you.  This is a special day for

         2       you, but it's also a special day for every

         3       single member of the Senate as we pay tribute

         4       and salute those who are going through the

         5       learning process but in a short time will be

         6       protecting our democracy for this country.

         7                  So, Colonel, once again -- from

         8       Republicans, Democrats, everybody in this

         9       chamber, thank you very much.

        10                  (Applause.)

        11                  SENATOR SKELOS:    To the West

        12       Point Superintendent, Lieutenant General David

        13       Huntoon and Mrs. Huntoon, we welcome you.

        14                  And to the Superintendent, the

        15       lives of these young people are in your hands

        16       to educate them well, as you do.  And we thank

        17       you for preparing the next group of graduates

        18       from West Point.  We salute you, sir.

        19                  Aide-de-Camp Major Michael

        20       McDermott, I understand that Senator Lee

        21       Zeldin served with you in Iraq, and we welcome

        22       you to this great chamber.  Thank you for your

        23       service.

        24                  The General is accompanied by his

        25       staff and a group of cadets led by First



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         1       Captain Cadet Marc Beaudoin.

         2                  And I also want to extend a special

         3       welcome to two cadets from the 9th Senate

         4       District:  Jeffrey Jang, from Woodmere, and

         5       Colin Hennessy, of Lynbrook.  Again, we

         6       welcome you to the chamber, as we do all of

         7       your fellow cadets.

         8                  It is an honor and a privilege to

         9       stand here as the Majority Leader and a member

        10       of this chamber to welcome you and to thank

        11       you.  West Point, strong as the rock upon

        12       which it is built and as unyielding as the

        13       river that flows by its walls.

        14                  The United States Military Academy

        15       at West Point is one of the most cherished

        16       institutions in our nation and the most

        17       cherished institution in the State of New

        18       York, a place where the best and the bravest

        19       men and women answer the call to serve their

        20       country.

        21                  Each of you has committed yourself

        22       to the values of duty, honor and country.  We

        23       all owe that debt of gratitude to you.  The

        24       road you have chosen isn't an easy one.

        25       Thousands of your brothers and sisters have



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         1       lost their lives or been wounded during the

         2       current conflicts in Iraq, in Afghanistan, and

         3       now Libya.

         4                  Despite the obvious and inherent

         5       risks, you continue to serve your country with

         6       the same strength and desire you have

         7       exhibited throughout every aspect of your

         8       lives.  The training and instruction you are

         9       receiving at West Point will undoubtedly

        10       prepare you to meet and exceed the tough

        11       challenges that lie ahead.

        12                  We are extremely proud of the work

        13       you do.  Your bravery and heroism in these

        14       difficult times are an inspiration to us and

        15       to all Americans.  You represent the very best

        16       our country has to offer, and we are honored

        17       and privileged to have you here today.

        18                  And as an indication -- you know,

        19       when I came over to speak to you, everybody

        20       was very serious.  But when I mentioned we

        21       have lunch at 1:00 o'clock, we got a lot of

        22       smiles.

        23                  (Laughter.)

        24                  SENATOR SKELOS:    So we invite you

        25       back -- I believe you're going to the Assembly



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         1       to be greeted there, as you should.  And then

         2       we welcome you back, all the members, people

         3       that are here, we welcome you back to our

         4       conference room so that you can have a great

         5       lunch and do a comparison between the lunch

         6       we're going to serve you and the food that you

         7       get at West Point.

         8                  We're very proud of you, we love

         9       you, and we hope and we pray that God protects

        10       each and every one of you.

        11                  (Applause.)

        12                  THE PRESIDENT:    Thank you,

        13       Senator.

        14                  Next, Senator Carlucci.

        15                  SENATOR CARLUCCI:    Thank you,

        16       Mr. President.

        17                  And I want to thank the previous

        18       speakers, particularly Senator Larkin for

        19       sponsoring this resolution.

        20                  It's an absolute honor today to

        21       welcome you to the Senate chamber.  And on

        22       behalf of the people that I represent in

        23       Rockland and Orange County, we just want to

        24       say thank you for your commitment towards

        25       excellence, your sacrifice that you've put



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         1       forth to serve our communities, our state, our

         2       nation.

         3                  Basically, I just want to say thank

         4       you and I know that our state and our nation

         5       is in good hands with your leadership now and

         6       your future leadership.  I hope that one day

         7       you will run for office and you'll be able to

         8       lead this state to prosperity.

         9                  With that, I also want to say that

        10       I'm particularly proud of Enoch No and

        11       Mark Hoempler, who are both graduates of

        12       Suffern High School, a great high school in

        13       Rockland County.

        14                  And with that, thank you.  Thank

        15       you for your leadership and your commitment to

        16       our community.  God bless you.

        17                  THE PRESIDENT:    Thank you,

        18       Senator.

        19                  Senator Addabbo.

        20                  SENATOR ADDABBO:    Thank you,

        21       Lieutenant Governor.  Good morning.

        22                  First let me thank Senator Larkin

        23       not only for this resolution and his work

        24       during West Point Day, but also for his

        25       service to our country.  Senator Larkin, thank



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         1       you very much for your dedication to our

         2       country.

         3                  And I believe it's the right thing

         4       to do to take a moment from our legislative

         5       work and acknowledge the cadets who are here

         6       and obviously thank them for their commitment

         7       and dedication, and congratulate them on being

         8       part of the over 200-year-old-history at

         9       West Point.

        10                  Over the past 30 years, West Point

        11       has become more diverse.  And I want to say

        12       welcome to two of my constituents, who I'm

        13       extremely proud of, Cadet Cidny Menjivar, and

        14       Cadet Gerard Connolly, whose family I've known

        15       for many years, and to all the cadets.

        16                  You know, please know that the

        17       residents of the 15th Senatorial District and

        18       the residents across this great state and

        19       country are proud of the path you have chosen.

        20       And we are thankful that you are here today.

        21                  And we also should be reminded and

        22       mindful that there are many of the West Point

        23       family who are not here today, who are serving

        24       us and protecting our freedoms around the

        25       world in Afghanistan and Iraq and all points



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         1       of this world.  We are mindful of their,

         2       again, service to our country.  We thank them

         3       as well.  Our prayers are with them for their

         4       safety, as our prayers will be with you as

         5       well.

         6                  So thank you again for being here

         7       on West Point Day.

         8                  Thank you, Lieutenant Governor.

         9                  THE PRESIDENT:    Thank you,

        10       Senator.

        11                  Senator Zeldin.

        12                  SENATOR ZELDIN:    Thank you,

        13       Mr. President.

        14                  First I want to thank Colonel

        15       Larkin for sponsoring this resolution and for

        16       your service, a very proud Korean War veteran

        17       who, whenever he has an opportunity to pay

        18       homage to our future veterans, our current

        19       veterans, and our past veterans, he never

        20       misses an opportunity.  And once again, he has

        21       demonstrated that leadership again today.

        22                  To Michael Breslin, for your

        23       service to our country as well.  It's nice to

        24       have other veterans in this room.  I know we

        25       have a Marine in Senator Owen Johnson, who



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         1       served a couple of years before I did.  We

         2       have Greg Ball, who served in the Air Force,

         3       and others as well around this room and in

         4       this chamber.

         5                  It is an honor to serve as a

         6       New York State Senator.  And absolutely no

         7       disrespect to all of my colleagues here,

         8       nothing will ever beat the honor of serving on

         9       active duty in the Army.

        10                  To the Superintendent, who's here,

        11       I walked in the chamber today and I had no

        12       idea that my company commander over in Iraq is

        13       your aide, that my battalion commander from

        14       Iraq is your XO, Colonel Mike Richardson.

        15                  It is -- for me, when I see the

        16       American flag, it's so colorful.  Maybe it has

        17       more color each and every day that I

        18       appreciate it more and more.  I've heard these

        19       stories of those in combat where the American

        20       flag has come off of a pole and hit the ground

        21       and soldiers have picked that flag up to keep

        22       it off the ground, knowing that death was

        23       almost certain.  Some that have gotten shot

        24       and killed, and yet another soldier would go

        25       and pick up that flag off the ground, knowing



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         1       that death was almost certain.

         2                  And again and again, these stories

         3       have been inspiration, inspirations to songs

         4       that we sing and books that are read.  It is

         5       that inspiration that made me so proud the

         6       first day I put on a uniform.  And I looked

         7       into the mirror and I saw that Army patch

         8       smiling right back at me, and I knew I was

         9       getting involved with the right profession.

        10                  You are at such a critical point in

        11       our nation's history, going to become

        12       officers.  Your character is the greatest of

        13       what New York is all about.  And even though

        14       we may not be there with you physically each

        15       and every day while you are earning your

        16       officer ranks at West Point, and we may not be

        17       with while you serve over in combat, know that

        18       you're leaving a legacy back home and you have

        19       a spirit of us with you.  Because we are so

        20       proud of your service.  We are so proud of

        21       your sacrifice.

        22                  And it is an honor to be in your

        23       presence today, and I wish you the best of

        24       luck.

        25                  THE PRESIDENT:    Thank you,



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         1       Senator.

         2                  Senator Ball.

         3                  SENATOR BALL:    I also want to

         4       thank Colonel Larkin for his continued

         5       leadership on this.

         6                  Colonel Larkin being Army, me being

         7       Air Force, we have a pushup contest every

         8       morning, and he beats me every single time.

         9                  (Laughter.)

        10                  SENATOR BALL:    You know, just so

        11       people understand who are not necessarily

        12       familiar with West Point -- some of my numbers

        13       may be off; I'll fudge them in the up

        14       direction.  If the Sup wants to tell me if I'm

        15       off on the numbers, let me know.

        16                  But you're talking about an

        17       institution where there are approximately

        18       50,000 pre-candidate questionnaires, they

        19       accept 30,000 applications -- and this goes

        20       for Naval Academy, Air Force Academy, or the

        21       Air Force Academy's sister institution,

        22       West Point.

        23                  (Hoots, laughter.)

        24                  SENATOR BALL:    -- 50,000

        25       applications, and with -- Colonel, we'll have



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         1       a pushup contest with the Sup in a little bit.

         2                  And then, out of that, there are

         3       10,000 applications that are totally

         4       qualified.  And out of that number, they pick

         5       1200 cadets.  In your typical graduating

         6       class, 800 graduate.

         7                  You know, for those on the other

         8       side of the aisle and for all of us who care

         9       about social justice, West Point and the

        10       service academies of the United States of

        11       America represent the greatest beacon of equal

        12       opportunity that the United States has ever

        13       had, at the highest of levels.

        14                  (Applause.)

        15                  SENATOR BALL:    When you go in and

        16       they break you down and they build you back

        17       up, they shave your hair off, you all wear the

        18       same thing, you don't know who's rich or poor.

        19       You don't know who comes from the South or the

        20       North, except for those crazy accents.  You

        21       really are all equal.  And it's up to you to

        22       prove yourself.

        23                  And I've seen kids from the rural

        24       places, I've seen kids come from the inner

        25       city, of all backgrounds, of all creeds, of



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         1       all ethnicities, and do amazing things.  Go

         2       from a small town and become first captain.

         3       And congratulations to the First Captain who's

         4       here today.  What a great honor for you.

         5                  You know, one of my best memories,

         6       the best memory of my life, is graduating from

         7       the Air Force Academy and being handed my

         8       commission or getting my commission from the

         9       Vice President of the United States, Dick

        10       Cheney.

        11                  And in fact I remember -- of

        12       course, one thing that Senator Adams and I

        13       have in common is liking the press a little

        14       bit.  And I remember on that day thinking the

        15       entire time, how can I get a photo of me on my

        16       graduation, because there's always that iconic

        17       photo.  And he was wearing a big cowboy hat.

        18                  So at the very end, as I walked up

        19       that stage to see the Vice President, I said,

        20       I got it.  I'll get him to wear my cadet cap,

        21       and I'll wear his cowboy hat, it will be a

        22       great thing.

        23                  So I went up, I said, "Mr. Vice

        24       President, can we exchange hats?"  And he was

        25       about to do it, and there was a great photo --



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         1       and he took off his hat, and I took off my

         2       hat, and I went to give it to him, and he

         3       stopped me and he said, "Oh, no, this cowboy

         4       hat is way too expensive."  Which tells you a

         5       little bit.

         6                  But quite honestly, that was the

         7       proudest day.  Not because the Vice President

         8       was there, but because of my parents and my

         9       friends and family who came out to be with me.

        10       You look forward to a great day.

        11                  One of my lowest moments, it was

        12       very early in the morning, I was up in the

        13       campaign, it was very busy and I went online

        14       because there had been an event that happened

        15       in Washington, D.C., and I was watching it on

        16       YouTube.  And a mom of a soldier who was

        17       killed in Iraq, eastern Iraq, came up to speak

        18       at the podium, at the mike.  And I thought I

        19       remembered the last name.

        20                  And she went into detail to speak

        21       about her son, how at a very young age, 5, 6

        22       years old, he talked about social

        23       responsibility and leadership and integrity,

        24       intrinsically.  And she said the name Derek

        25       Argel, and I knew that he was my classmate.



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         1       He served in the special forces and was killed

         2       on May 31st.

         3                  The responsibility that is on your

         4       shoulders is great.  And as cadets of the

         5       finest institution in the United States of

         6       America, you have a great responsibility.

         7       Because I promise you, if our boardrooms and

         8       places like this were full with more cadets,

         9       men and women like you, we wouldn't have

        10       Enron, we wouldn't have the scandals, and this

        11       would continue to be the greatest nation that

        12       this world has ever known.

        13                  So serve your country, serve your

        14       country well, and get into those boardrooms,

        15       get into places like this, and let's fight to

        16       make this the greatest country and continue to

        17       be the greatest country that this world has

        18       ever known.

        19                  Thank you, men and women.

        20                  THE PRESIDENT:    Thank you,

        21       Senator.

        22                  Senator Stavisky.

        23                  SENATOR STAVISKY:    Thank you,

        24       Mr. President.

        25                  And I don't want to stand in the



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         1       way of your 1:00 o'clock lunch, so let me be

         2       very brief.

         3                  First let me thank Colonel Larkin.

         4       Each year Senator Larkin comes and speaks.

         5       And we appreciate your service as well as the

         6       service of other men and women who have served

         7       our country both in peace and in war.

         8                  And I am particularly proud today

         9       to welcome Ross Chesaniuk and Sally Chang,

        10       because they live in my district in Fresh

        11       Meadows, and they represent the best we have

        12       to offer.

        13                  I'm very proud of the high school

        14       that they attended, Francis Lewis High School,

        15       because Francis Lewis has a wonderful ROTC

        16       program and they train young people to serve

        17       in the military.  They start in high school,

        18       and they have an outstanding academic program.

        19       And the fact that they have been able to send

        20       two of their most illustrious graduates to the

        21       Military Academy I think says a lot for the

        22       New York City public high schools.

        23                  So I also congratulate the

        24       Breslins.  And every year I listen to Senator

        25       Breslin -- I think it's the only time of the



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         1       year when he says nice things about his

         2       brother.

         3                  (Laughter.)

         4                  SENATOR STAVISKY:    But you can

         5       see the genuine affection that the two

         6       brothers have for each other.

         7                  And someday you will look at your

         8       siblings and have the same kind of -- even

         9       though you may be fighting nowadays,

        10       nevertheless this is a relationship that is

        11       certainly respected by everybody.

        12                  So I welcome you to Albany.  And I

        13       thank you for offering yourselves to serve our

        14       country.  The future is ahead of you, and the

        15       best years are ahead of you.  And let us hope

        16       that you help our nation stay at peace.

        17                  Thank you very much.

        18                  THE PRESIDENT:    Thank you,

        19       Senator.

        20                  Senator McDonald.

        21                  SENATOR McDONALD:    Thank you,

        22       Mr. President.

        23                  Thank you, Colonel, for doing what

        24       you do for us.

        25                  A special thank you to our special



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         1       guests.  I know you went through a lot of hard

         2       work, and I want to thank you on behalf of a

         3       future constituency of yours that I used to be

         4       part of.

         5                  The hard work is just beginning.

         6       Because it was mentioned earlier what you've

         7       got to look forward to as a graduation present

         8       is war.  There's nothing dramatic or romantic

         9       or good about war.  As former low-ranking Army

        10       soldier in Vietnam and Cambodia with the

        11       1st Cavalry Division, I remember my first

        12       patrol like it was yesterday.  The leader of

        13       the patrol was a captain, a young West Point

        14       graduate.

        15                  Before we started, I was one scared

        16       guy.  It's a lot different than television and

        17       the movies if it's in real life.  He came up

        18       to the new guys that were replacing people who

        19       had already been shot in Cambodia.  And that's

        20       all we could think about, were we going to be

        21       next.

        22                  He settled us down, each and every

        23       one of us.  He looked us right in the eye.  He

        24       says, "Don't worry, I'm not going to be

        25       leaving you.  I'll be right with you."



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         1                  That's what you have to look

         2       forward to, the men and women who will be

         3       entrusting their lives to you.  And I can't

         4       think of a better group of people than what

         5       I'm looking at right now.

         6                  But for anybody here who thinks war

         7       is romantic, there's nothing about it.  You

         8       will be writing letters to dead people's moms

         9       and dads.  You'll be thinking about that all

        10       your life.  You'll be watching your friend

        11       taken off the battlefield with one less leg or

        12       arm.  You'll be thinking about what they could

        13       have been.  And they'll be thinking about

        14       you -- if they survive -- in a hospital,

        15       thanking you that you were with them in those

        16       trying times.

        17                  You have a tremendous amount of

        18       responsibility.  But we pick the best for

        19       that.  And God bless each and every one of

        20       you.  And don't forget those average soldiers

        21       that die by the thousands that are looking to

        22       you as like a relative.

        23                  Thank you for what you do.

        24                  THE PRESIDENT:    Thank you,

        25       Senator.



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         1                  Senator Adams.

         2                  SENATOR ADAMS:    Thank you,

         3       Lieutenant Governor.

         4                  I just wanted to respond to what be

         5       Senator McDonald helped us all to understand.

         6       I was not going to speak, but I thought

         7       Senator McDonald did something for all of us.

         8                  And I thank you, Senator, for what

         9       you just stated.  Because often we have an

        10       attempt to romanticize what these young men

        11       are doing.  And Senator McDonald just made it

        12       real for all of us, how courageous their acts

        13       are, these young men and women and, you know,

        14       what they are volunteering to do.

        15                  And it's one thing to be in the

        16       sterilized environment of West Point.  But

        17       once they leave West Point, the very real

        18       image that Senator McDonald shared with us is

        19       heroic beyond our imagination.

        20                  And for those men and women who are

        21       in here who have served and who have put their

        22       lives on the line to protect our country, we

        23       owe them a debt of gratitude.  And these young

        24       men and women from West Point who are well

        25       aware of the harm that they're putting



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         1       themselves in because they truly believe in

         2       this country, we owe them a debt of gratitude.

         3                  And I think that the heartfelt

         4       comments that came from Senator McDonald to

         5       really bring us all into the very real-life

         6       battlefield of what a soldier goes through

         7       every day.  And when they come home, many of

         8       them may come home with all of their arms and

         9       limbs, but a part of them is left in

        10       Afghanistan, Iraq, or any other war that they

        11       fight on behalf of this country.

        12                  So I thank my colleagues who have

        13       served.  And I thank the young men and women

        14       who will continue to serve.  And I just wanted

        15       to share my thoughts, and I wanted to thank

        16       Senator McDonald for his comments, because I

        17       thought they were fitting to let us realize

        18       that this is not a romantic event, this is an

        19       epic proportion that's going to impact the

        20       live of these young people, and they are

        21       surrendering themselves to the will of this

        22       country and they're dedicating their lives to

        23       say that they too love America, and that's

        24       commendable.

        25                  Thank you, Lieutenant Governor.



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         1                  THE PRESIDENT:    Thank you,

         2       Senator.

         3                  Any other Senators wishing to

         4       speak?

         5                  In closing, I just want to thank

         6       Senator Larkin for his work today, and Senator

         7       Skelos.

         8                  On behalf of all of us and on

         9       behalf of Governor Cuomo, I just want to

        10       extend our appreciation to General Huntoon, to

        11       our cadets.  You make your families proud, you

        12       make New York State proud, you make our

        13       country proud.  So thank you for being here

        14       today.

        15                  And the question is on the

        16       resolution.  All in favor signify by saying

        17       aye.

        18                  (Response of "Aye.")

        19                  THE PRESIDENT:    Opposed, nay.

        20                  (No response.)

        21                  THE PRESIDENT:    The resolution is

        22       adopted.

        23                  Senator Libous.

        24                  SENATOR LIBOUS:    Senator Breslin

        25       said we should clap.



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         1                  (Standing ovation.)

         2                  SENATOR LIBOUS:    Mr. President,

         3       at this time I would ask my colleague Senator

         4       Breslin's consent and certainly unanimous

         5       consent from the chamber to let

         6       Superintendent, Lieutenant General Huntoon

         7       address this body, please.

         8                  THE PRESIDENT:    General.

         9                  SUPERINTENDENT HUNTOON:    Well,

        10       thank you very much.

        11                  I am humbled and moved by these

        12       heartfelt tributes of support not just to

        13       these great cadets of the United States

        14       Military Academy, but to all the soldiers,

        15       sailors, airmen and marines who serve our

        16       country so gallantly today around the world in

        17       defense of all our freedoms.

        18                  We are absolutely delighted to be

        19       here in the Senate of the State of New York.

        20       We are home here.  And we thank you for so

        21       many reasons.  We thank you for your own

        22       service to the nation, for your service to the

        23       citizens of the great State of New York.  We

        24       thank you for your unwavering support of the

        25       United States Military Academy at West Point.



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         1                  We thank Colonel Bill Larkin, our

         2       own great warrior with a distinguished combat

         3       record in both the Second World War and Korea,

         4       for sponsoring this great day.

         5                  And we thank you again so sincerely

         6       for your commitment to our soldiers and our

         7       families who do serve in harm's way around the

         8       world today.

         9                  For 209 years, West Point has been

        10       a proud resident of the Empire State.  From

        11       the Palisades to Poughkeepsie, from every

        12       neighboring community in the vicinity of West

        13       Point, you have always been there to help our

        14       soldiers and our civilians and to serve as a

        15       second home for our families in the beautiful

        16       Hudson River Valley.

        17                  The heart of West Point, though, is

        18       our outstanding cadets.  And I'm so proud to

        19       have brought 16 of these great cadets, all

        20       from the State of New York, led by their First

        21       Captain, Marc Beaudoin, to this great assembly

        22       today.  And I would tell you that there are

        23       4600 others who remain at West Point who are

        24       here in spirit and thank you for your great

        25       support of the Academy.



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         1                  That support that you bring is

         2       central to our mission accomplishment, the

         3       mission at West Point that speaks about the

         4       education, the training, the inspiration of

         5       the United States Corps of Cadets so that each

         6       commissioned graduate is committed to the

         7       values of duty, honor and country, and

         8       prepared for a career of professional

         9       excellence in service to the nation as an

        10       officer in the United States Army.

        11                  Now, ladies and gentlemen, this

        12       summer we will bring in another 1250 great

        13       young men and women from every state in the

        14       union, every territory, and from 33 countries

        15       around the world.  And they will begin their

        16       own journey to becoming the leaders of

        17       character necessary for the great challenges

        18       of the 21st century.  Every cadet will spend

        19       47 months at West Point, and all will come to

        20       know the beauty and the hospitality and the

        21       virtues of this magnificent state.

        22                  Now, the vast majority of our staff

        23       and faculty, as has been noted this morning,

        24       are veterans of the campaigns in Iraq and

        25       Afghanistan.  And they have shouldered the



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         1       great sacrifice and the burden of those

         2       conflicts, and they have returned to their

         3       New York home.  And at West Point they teach

         4       another generation about values-based

         5       leadership, about the role of the military

         6       profession in this democracy, and about

         7       selfless service to the nation, always guided

         8       by our motto:  Duty, honor, country.

         9                  We could not be prouder to serve

        10       here.  New York has a distinguished record of

        11       military service that spans all our wars and

        12       is the proud home of the Army's 10th Mountain

        13       Division and the great 42nd Infantry Division.

        14       This state has produced thousands and

        15       thousands of veterans in all the services.

        16       And I know that several of you have served

        17       your country in uniform, and we thank you from

        18       the bottom of our hearts.

        19                  Thank you again for this great

        20       honor to gather in this historic place today.

        21       Thank you for everything that you do each and

        22       every day for West Point, for the United

        23       States Army, for our armed services, and for

        24       the nation.

        25                  (Standing ovation.)



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         1                  THE PRESIDENT:    Senator Libous.

         2                  SENATOR LIBOUS:    Mr. President,

         3       at this time Senator Larkin has requested that

         4       we open the resolution for sponsorship from

         5       all of the membership of the Senate.  If for

         6       any reason there is someone who wishes not to

         7       be on the resolution, please let the desk

         8       know.

         9                  And, Mr. President, we're going to

        10       stand at ease for about two minutes so that

        11       members can shake hands and have a photograph

        12       taken with the cadets.  And I know that they

        13       have something that they have to go to

        14       shortly.

        15                  So we're going to just stand at

        16       ease for about two minutes.  I would ask

        17       members not to go far.

        18                  THE PRESIDENT:    The Senate is at

        19       ease.

        20                  (Whereupon, the Senate stood at

        21       ease at 11:53 a.m.)

        22                  (Whereupon, the Senate reconvened

        23       at 11:57 a.m.)

        24                  ACTING PRESIDENT ROBACH:    Senator

        25       Libous.



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         1                  SENATOR LIBOUS:    Thank you,

         2       Mr. President.

         3                  May we please go back to the order

         4       of motions and resolutions.

         5                  ACTING PRESIDENT ROBACH:

         6       Returning to motions and resolutions.

         7                  Senator Libous.

         8                  SENATOR LIBOUS:    Mr. President,

         9       there's a privileged resolution at the desk by

        10       Senator Golden.  Could we have its title read

        11       and move for its immediate adoption.

        12                  ACTING PRESIDENT ROBACH:    The

        13       Secretary will read.

        14                  THE SECRETARY:    Legislative

        15       resolution by Senator Golden, honoring Antonio

        16       Pellegrini upon the occasion of his

        17       designation for special recognition.

        18                  ACTING PRESIDENT ROBACH:    The

        19       question is on the resolution.  All those in

        20       favor signify by saying aye.

        21                  (Response of "Aye.")

        22                  ACTING PRESIDENT ROBACH:

        23       Opposed, nay.

        24                  (No response.)

        25                  ACTING PRESIDENT ROBACH:    The



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         1       resolution is passed.

         2                  Senator Libous.

         3                  SENATOR LIBOUS:    Thank you,

         4       Mr. President.

         5                  There's a privileged resolution at

         6       the desk by Senator Hassell-Thompson.  May we

         7       please have its title read, call on Senator

         8       Hassell-Thompson, and then we'll move for its

         9       immediate adoption.

        10                  ACTING PRESIDENT ROBACH:    The

        11       Secretary will read.

        12                  THE SECRETARY:    Legislative

        13       resolution by Senator Hassell-Thompson,

        14       congratulating Mr. and Mrs. Carl Barchus, Sr.,

        15       upon the occasion of celebrating their

        16       50th Wedding Anniversary.

        17                  ACTING PRESIDENT ROBACH:    Senator

        18       Hassell-Thompson.

        19                  SENATOR HASSELL-THOMPSON:    Thank

        20       you, Mr. President.  Just briefly.

        21                  The Barchus family are part of a

        22       tremendous history, lineage in that family,

        23       and 50 years of marriage is something that

        24       unfortunately we don't see happen too often

        25       today.



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         1                  They have raised extraordinary

         2       children, and their son is the head of

         3       homeland security for our school district and

         4       does an extraordinary job and was the winner

         5       of the Joe Galiber Award this year during our

         6       Black and Puerto Rican Caucus Weekend.

         7                  And I thought it would be very

         8       fitting if we celebrated with them 50 years of

         9       what we believe are the family values of this

        10       state and of a family who has just proven to

        11       be extraordinary in their marriage, their

        12       relationship, their community service as well

        13       as that of their son.

        14                  So thank you, Mr. President, for

        15       the opportunity to speak.  And thank you,

        16       Senator Libous, for allowing the speed with

        17       which this occurred.

        18                  ACTING PRESIDENT ROBACH:    Thank

        19       you, Senator Hassell-Thompson.

        20                  The question is on the resolution.

        21       All those in favor signify by saying aye.

        22                  (Response of "Aye.")

        23                  ACTING PRESIDENT ROBACH:    Any

        24       opposed, nay.

        25                  (No response.)



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         1                  ACTING PRESIDENT ROBACH:    The

         2       resolution is passed.

         3                  Senator Libous.

         4                  SENATOR LIBOUS:    Thank you,

         5       Mr. President.

         6                  I believe we can have the reading

         7       of the noncontroversial calendar at this time.

         8                  ACTING PRESIDENT ROBACH:    The

         9       Secretary will read.

        10                  THE SECRETARY:    Calendar Number

        11       207, by Senator DeFrancisco, Senate Print

        12       2900, an act to amend the Military Law.

        13                  ACTING PRESIDENT ROBACH:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 4.  This

        16       act shall take effect on the 120th day.

        17                  ACTING PRESIDENT ROBACH:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 54.

        21                  ACTING PRESIDENT ROBACH:    The

        22       bill is passed.

        23                  THE SECRETARY:    Calendar Number

        24       211, by Senator Ball, Senate Print 3957, an

        25       act to amend the Military Law.



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         1                  ACTING PRESIDENT ROBACH:    Read

         2       the last section.

         3                  THE SECRETARY:    Section 3.  This

         4       act shall take effect on the 30th day.

         5                  ACTING PRESIDENT ROBACH:    Call

         6       the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 54.

         9                  ACTING PRESIDENT ROBACH:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       233, by Member of the Assembly Gabryszak,

        13       Assembly Print Number 2411, an act to amend

        14       the General Municipal Law.

        15                  ACTING PRESIDENT ROBACH:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect on the 90th day.

        19                  ACTING PRESIDENT ROBACH:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 54.

        23                  ACTING PRESIDENT ROBACH:    The

        24       bill is passed.

        25                  Senator Libous, that completes the



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         1       reading of the noncontroversial calendar.

         2                  SENATOR LIBOUS:    Thank you,

         3       Mr. President.

         4                  Mr. President, is there any further

         5       business at the desk?

         6                  ACTING PRESIDENT ROBACH:    There

         7       is none.

         8                  SENATOR LIBOUS:    Thank you.

         9                  There being no further business at

        10       the desk, Mr. President, I move that the

        11       Senate adjourn until Monday, April 11th, at

        12       3:00 p.m., intervening days being legislative

        13       days.

        14                  ACTING PRESIDENT ROBACH:    On

        15       motion, the Senate stands adjourned until

        16       Monday, April 11th, at 3:00 p.m., intervening

        17       days being legislative days.

        18                  (Whereupon, at 12:02 p.m., the

        19       Senate adjourned.)

        20

        21

        22

        23

        24

        25



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