Regular Session - February 5, 2013

                                                                   402

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  February 5, 2013

11                     11:19 a.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH GRIFFO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               403

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

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and join with me as we recite the Pledge of 

 6   Allegiance to our Flag.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT GRIFFO:   Today's 

10   invocation will be offered by the Reverend Peter 

11   G. Young, of the Mother Teresa Community here in 

12   Albany.  

13                Father Young.

14                FATHER YOUNG:  Thank you, Senator.  

15                Let us pray.  

16                As we gather in this prestigious 

17   Senate chamber, may we recall some historic 

18   memories of our past leadership.  

19                We're proud of this 1881 chamber, 

20   the Romanesque style by Architect Richardson, 

21   with 32 Senators at that time presiding.  

22                This seal above our dais, again it 

23   portrays the Hudson River, with two women of 

24   Justice and Liberty.  Beneath their feet is the 

25   crown, symbolized as stamping out monarchy and 


                                                               404

 1   tyranny.  

 2                May we honor the past in our prayer 

 3   today and again pray that our Senators will now 

 4   be blessed for their current membership and for 

 5   their public service and for the good people of 

 6   our New York State.  

 7                We ask You this in Your name now 

 8   and forever.  Amen.

 9                ACTING PRESIDENT GRIFFO:   Thank 

10   you, Father Young.  

11                The reading of the Journal.

12                THE SECRETARY:   In Senate, Monday, 

13   February 4th, the Senate met pursuant to 

14   adjournment.  The Journal of Friday, 

15   February 1st, was read and approved.  On motion, 

16   Senate adjourned.

17                ACTING PRESIDENT GRIFFO:   Without 

18   objection, the Journal stands approved as read.

19                Presentation of petitions.

20                Messages from the Assembly.

21                Messages from the Governor.

22                Reports of standing committees.

23                Reports of select committees.

24                Communications and reports from 

25   state officers.


                                                               405

 1                Motions and resolutions.

 2                Senator Libous.

 3                SENATOR LIBOUS:   Thank you, 

 4   Mr. President.  

 5                I believe there's a resolution at 

 6   the desk by Leader Stewart-Cousins, and it's 

 7   Number 375.  Could we have it read in its 

 8   entirety and then call on Senator 

 9   Stewart-Cousins.

10                ACTING PRESIDENT GRIFFO:   The 

11   Secretary will read the resolution.

12                THE SECRETARY:   Legislative 

13   Resolution Number 375, by Senator 

14   Stewart-Cousins, memorializing Governor Andrew 

15   M. Cuomo to proclaim February 2013 as Black 

16   History Month in the State of New York. 

17                "WHEREAS,  Black  History  Month, 

18   previously known as Negro History Week, was 

19   founded by Dr. Carter G. Woodson, and was first 

20   celebrated on February 1, 1926; since 1976, it 

21   has become a nationally recognized month-long 

22   celebration, held each year during the month of  

23   February to acknowledge and pay tribute to 

24   African-Americans neglected by both society and 

25   the history books; and 


                                                               406

 1                "WHEREAS, The month of February 

 2   observes the rich and diverse heritage of our 

 3   great state and nation; and 

 4                "WHEREAS, Black History Month seeks 

 5   to emphasize black history is American history; 

 6   and 

 7                "WHEREAS, Black History Month is a 

 8   time to reflect on the struggles and victories of 

 9   African-Americans throughout our country's 

10   history and to recognize their numerous valuable 

11   contributions to the protection of our democratic 

12   society in war and in peace; and 

13                "WHEREAS, Some African-American 

14   pioneers whose many accomplishments, all which 

15   took place during the month of February, went  

16   unnoticed, as well as numerous symbolic events in 

17   February that deserve to be memorialized include: 

18   John Sweat Rock, a noted Boston lawyer who  

19   became the first African-American admitted to 

20   argue before the U.S. Supreme Court on 

21   February 1, 1865, and the first African-American 

22   to be received on the floor of the U.S. House of 

23   Representatives; Jonathan Jasper Wright, the 

24   first African-American to hold a major judicial 

25   position, who was elected to the South Carolina 


                                                               407

 1   Supreme Court on February 1, 1870; President 

 2   Abraham Lincoln submits the proposed 

 3   13th Amendment to the U.S. Constitution, 

 4   abolishing slavery, to the states for 

 5   ratification on February 1, 1865; civil rights 

 6   protester Jimmie Lee Jackson dies from wounds 

 7   inflicted during a protest on February 26, 1965, 

 8   leading to the historic Selma, Alabama, civil 

 9   rights demonstrations, including Bloody Sunday, 

10   in which 600 demonstrators, including Martin 

11   Luther King, Jr., were attacked by police;  

12   Autherine J. Lucy became the first 

13   African-American student to attend the University 

14   of Alabama on February 3, 1956; she was expelled 

15   three days later 'for her own safety' in response 

16   to threats from a mob; in 1992, Autherine Lucy 

17   Foster graduated from the university with a 

18   master's degree in education, the same day her 

19   daughter, Grazia Foster, graduated with a 

20   bachelor's degree in corporate finance; the Negro 

21   Baseball League was founded on February 3, 1920; 

22   Jack Johnson, the first African-American World 

23   Heavyweight Boxing Champion, won his first title 

24   on February 3, 1903; and Reginald F. Lewis, born 

25   on December 7, 1942, in Baltimore, Maryland, 


                                                               408

 1   received his law degree from Harvard Law School 

 2   in 1968, and was a partner in Murphy, Thorpes & 

 3   Lewis, the first black law firm on Wall Street, 

 4   and in 1989, he became president and CEO of TLC 

 5   Beatrice International Food Company, the largest 

 6   black-owned business in the United States; and 

 7                "WHEREAS, In recognition of the  

 8   vast contributions of African-Americans, a joyful 

 9   month-long celebration is held across New York  

10   State and across the United States with many 

11   commemorative events to honor and display the 

12   cultural heritage of African-Americans; and 

13                "WHEREAS, This Legislative Body 

14   commends the African-American community for 

15   preserving, for future generations, its  

16   centuries-old traditions that benefit us all and 

17   add to the color and beauty of the tapestry which 

18   is our American society; now, therefore, be it 

19                "RESOLVED, That this Legislative 

20   Body pause in its deliberations to memorialize  

21   Governor Andrew M. Cuomo to proclaim February 

22   2013 as Black History Month in the State of 

23   New York; and be it further 

24                "RESOLVED, That copies of this  

25   resolution, suitably engrossed, be transmitted to  


                                                               409

 1   The Honorable Andrew M. Cuomo, Governor of the 

 2   State of New York, and to the events 

 3   commemorating Black History Month throughout 

 4   New York State."

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Stewart-Cousins.  

 7                SENATOR STEWART-COUSINS:   Thank 

 8   you, Mr. President.

 9                I rise to speak on this resolution 

10   because it's so important.  And as I speak, I'm 

11   speaking into a microphone that but for the 

12   invention of Dr. James West, an African-American, 

13   I might not be speaking into.

14                The beauty about Black History Month 

15   is it gives us an understanding of the 

16   contributions of African-Americans that we take 

17   for granted.  We all take pictures under this big 

18   clock, and many don't know that it was Benjamin 

19   Banneker who created the clock, the first wooden 

20   clock in America.  

21                As we drive up and down the highway 

22   and we see those refrigerated trucks, it was 

23   Frederick McKinley Jones who took refrigeration 

24   and put it into trucks so that our produce could 

25   get to its destination and be edible.  


                                                               410

 1                And when we talked about the 

 2   billions of dollars of chips, potato chips that 

 3   were consumed during the Super Bowl, few 

 4   understand that it was George Crum, a man of 

 5   African-American and Native descent right here in 

 6   Saratoga, New York, who created the potato chip.

 7                So we talk about a number of things, 

 8   normally, about the African-American struggle and 

 9   the understanding that African-American history 

10   is American history.  But very often, in the 

11   picture of the endless struggle, we forget that 

12   even though there was struggle, even though there 

13   was extreme prejudice and discrimination and the 

14   fight to create an equal playing field for all 

15   people, certainly African-Americans, great 

16   strides were made in our history.

17                My mother had cataract surgery.  If 

18   it had not been for the laser invention -- the 

19   first patent that an African-American woman got 

20   in the medical profession was about removing 

21   cataracts through laser technology.  Who knew 

22   that?  

23                Your closed-circuit TV set, the 

24   closed-circuit surveillance, it was 

25   African-American ingenuity that understood that 


                                                               411

 1   we could use television to do surveillance in the 

 2   1960s.  It could go and on.  

 3                And that's the purpose of 

 4   African-American History Month, of Black History 

 5   Month, to let people know that while the struggle 

 6   has been perpetual and continues, that there is 

 7   inventiveness, creativity, entrepreneurial 

 8   successes in the African-American community.

 9                And lastly, I would not want to 

10   forget that yesterday we celebrated the 

11   hundredth-year anniversary of Rosa Park's 

12   birth.  And when we talk about the struggle, we 

13   cannot forget Rosa Parks, who was the first lady 

14   of the civil rights movement.  

15                We all know the story that in 

16   1955 -- or maybe we don't know it.  But I will 

17   say that in 1955, a seamstress, Rosa, at 42, who 

18   was sitting in the section of the bus that was 

19   kind of designated as the section where 

20   African-Americans could sit -- we all know that 

21   African-Americans had to sit in the back of the 

22   bus with the Jim Crow laws, and white people were 

23   allowed in the front of the bus.  And then there 

24   was a section of the bus that if these sections 

25   were filled up, either the white section or 


                                                               412

 1   black, you could sit there.  

 2                And when a white person entered the 

 3   bus and was standing, a white male was standing, 

 4   they demanded Rosa give up her seat.  And Rosa, 

 5   who was tired from a hard day's work, did not 

 6   give up her seat.  

 7                She understood on some level that 

 8   this was an act of resistance, but she could not 

 9   have understood that that act of resistance would 

10   launch the career of Dr. Martin Luther King and a 

11   civil rights movement that impacts every single 

12   one of us.  It was part of our history that we 

13   must recognize.  

14                In telling the story, we let people 

15   understand that in our lifetime, inequality was 

16   the law of the land.  And it gives us, once 

17   again, tremendous responsibility in this chamber 

18   to make sure that equality is the law of the land 

19   and certainly to pay tribute to those great 

20   pioneers who taught us and showed us the way.  

21                Thank you.

22                ACTING PRESIDENT GRIFFO:   Thank 

23   you, Senator Stewart-Cousins.

24                The question is on the resolution. 

25   All in favor signify by saying aye.


                                                               413

 1                (Response of "Aye.")

 2                ACTING PRESIDENT GRIFFO:   Opposed?  

 3                (No response.)

 4                ACTING PRESIDENT GRIFFO:   The 

 5   resolution is adopted.

 6                Senator Libous.

 7                SENATOR LIBOUS:   Thank you, 

 8   Mr. President.

 9                At this time I want to adopt the 

10   Resolution Calendar, with the exception of --

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Libous, I think we'll make a note that 

13   Senator Stewart-Cousins has opened up this 

14   resolution.

15                SENATOR LIBOUS:   I'm sorry, 

16   Mr. President.  I'm so very sorry.  

17                Senator Stewart-Cousins would like 

18   to open up the resolution to all the members.  

19   And as our policy goes, if you choose not to be 

20   on the resolution, please let the desk know.  

21   Otherwise, you will all be listed on the 

22   resolution.

23                Thank you, Mr. President.  

24                ACTING PRESIDENT GRIFFO:   So 

25   noted.  Thank you, Senator Libous.


                                                               414

 1                Senator Libous.

 2                SENATOR LIBOUS:   Okay.  At this 

 3   time may we please adopt the Resolution Calendar, 

 4   with the exception of Resolutions 422 and 426.

 5                ACTING PRESIDENT GRIFFO:   On 

 6   motion, all in favor of adopting the 

 7   Resolution Calendar, with the exception of 

 8   Resolutions Number 422 and 426, signify by saying 

 9   aye.

10                (Response of "Aye.")

11                ACTING PRESIDENT GRIFFO:   Opposed?  

12                (No response.)

13                ACTING PRESIDENT GRIFFO:   The 

14   Resolution Calendar is adopted.

15                Senator Libous.

16                SENATOR LIBOUS:   Mr. President, I 

17   believe there's a previously adopted resolution 

18   by Senator Golden, Number 243, at the desk.  

19   Could we have it read in its entirety and could 

20   you call on Senator Golden, please.

21                ACTING PRESIDENT GRIFFO:   The 

22   Secretary will read.

23                THE SECRETARY:   Legislative 

24   Resolution Number 243, by Senator Golden, 

25   commending Pietrosfight.org upon the occasion of 


                                                               415

 1   hosting its Duchenne Muscular Dystrophy  

 2   fundraiser on March 7, 2013.  

 3                "WHEREAS, It is the sense of this 

 4   Legislative Body to recognize that the quality 

 5   and character of life in the communities across 

 6   New York State are reflective of the concerned 

 7   and dedicated efforts of those organizations and 

 8   individuals who would devote themselves to the 

 9   welfare of the community and its citizenry; and 

10                "WHEREAS, Attendant to such concern, 

11   and in full accord with its long-standing  

12   traditions, this Legislative Body is justly proud 

13   to commend Pietrosfight.org upon the occasion of 

14   hosting its Duchenne Muscular Dystrophy 

15   fundraiser on Thursday, March 7, 2013, at 

16   El Caribe Country Club in Brooklyn, New York; and 

17                "WHEREAS, Pietrosfight.org is a 

18   nonprofit organization dedicated to raising  

19   awareness and funds to help find a cure for 

20   Duchenne Muscular Dystrophy; and 

21                "WHEREAS, This crucial organization 

22   was founded by Manni and Dayna Scarso in 2012, 

23   after they learned their 3-year-old son, Pietro, 

24   was diagnosed with Duchenne Muscular Dystrophy; 

25   and 


                                                               416

 1                "WHEREAS, Duchenne Muscular 

 2   Dystrophy is the most common and lethal childhood 

 3   genetic disorder in the world, affecting one in 

 4   every 3,500 male births.  Most patients are 

 5   confined to a wheelchair by the time they are 

 6   12 years of age, and succumb to the disease in 

 7   their late teens due to respiratory 

 8   complications; and 

 9                "WHEREAS, Currently, there is no 

10   acceptable treatment or cure for Duchenne 

11   Muscular Dystrophy; and 

12                "WHEREAS, Overcoming unimaginable 

13   adversity, Dayna and Manni Scarso were determined 

14   to save Pietro and the thousands of boys like him 

15   by establishing a foundation focused on searching 

16   for and funding Duchenne Muscular Dystrophy  

17   research that will ultimately cure this deadly 

18   disease; and 

19                "WHEREAS, The funds raised by 

20   Pietrosfight.org help to support the most  

21   promising research programs aimed at treating and 

22   curing Duchenne Muscular Dystrophy; and 

23                "WHEREAS, For the first time since 

24   the discovery of Duchenne Muscular Dystrophy, 

25   there is hope to find a cure for this destructive 


                                                               417

 1   disease in time to save Pietro Scarso and many 

 2   other boys and their families; and 

 3                "WHEREAS, Exhibiting the same 

 4   indomitable spirit as his parents, Pietro Scarso 

 5   looks beyond his own struggles and pain, focusing 

 6   his energies on how he can help others.  He 

 7   recently received the No. 1 Sharer Award in his 

 8   nursery school program because if someone falls,  

 9   he is right there to wipe their tears and pick 

10   them up; and 

11                "WHEREAS, It is imperative that 

12   there be greater public awareness of this serious 

13   health issue, and more must be done to increase 

14   activity at the local, state and national levels 

15   to support and protect our youth, our most 

16   precious resource, as well as their families; 

17   now, therefore, be it 

18                "RESOLVED, That this Legislative 

19   Body pause in its deliberations to commend 

20   Pietrosfight.org upon the occasion of hosting its  

21   Duchenne Muscular Dystrophy fundraiser on 

22   March 7, 2013; and be it further 

23                "RESOLVED, That this Legislative 

24   Body pause further to urge the FDA to move 

25   expeditiously to approve new drugs in order to 


                                                               418

 1   effectuate a cure for Duchenne Muscular 

 2   Dystrophy; and be it further 

 3                "RESOLVED, That a copy of this  

 4   Resolution, suitably engrossed, be transmitted to 

 5   Manni and Dayna Scarso, Pietrosfight.org."

 6                ACTING PRESIDENT GRIFFO:   Senator 

 7   Golden.

 8                SENATOR GOLDEN:   Thank you, 

 9   Mr. President.

10                I am joined here today by the Scarso 

11   family.  They're up here in the balcony, parents 

12   Dayna and Manni and their two sons, their 

13   two-year-old son Nico and Pietro.  

14                And we're joined here today because 

15   there is a fight going on, a fight to save that 

16   boy's life.  That boy was diagnosed with Duchenne 

17   Muscular Dystrophy, the most common and lethal 

18   childhood genetic disorder in the world.  

19                Our mission is to bring about 

20   awareness and to gain support for Pietro's fight, 

21   the fight to find a cure for Duchenne Muscular 

22   Dystrophy, DMD.  This disorder confines children 

23   to a wheelchair by the time they are 12 years of 

24   age and has proved to be fatal by the time they 

25   reach their late teens.  To date, there is no 


                                                               419

 1   acceptable treatment or cure for this disease.  

 2                In honor of this mission of love, to 

 3   fight for a cure and bring about statewide 

 4   awareness, I present this resolution pledging my 

 5   support for Pietro's fight.  We will not stop 

 6   fighting for Pietro.

 7                I proudly join as I partner in 

 8   Pietro's fight.  So to help Pietro and others who 

 9   have been diagnosed with Duchenne Muscular 

10   Dystrophy, DMD, in New York City and state and in 

11   our nation, we must take steps to cure this 

12   terrible, terrible disorder.

13                The Scarso family is an amazing 

14   family and group.  They have continued to work 

15   tirelessly.  They have put money in the hands of 

16   those who have the best shot of finding a cure 

17   for DMD.  And we will not stop fighting to aid 

18   them in their effort.  

19                I have personally sent a letter to 

20   Dr. Russell Katz of the Food and Drug 

21   Administration, urging him to expedite their 

22   review of this investigational drug, eteplirsen.  

23   For this drug, ladies and gentlemen, has had two 

24   successful rounds.  It is going into its last and 

25   final round.  And if they're successful, that 


                                                               420

 1   child has a chance.

 2                So this resolution today is not just 

 3   for that boy and for that family, but this 

 4   resolution is for many boys just like that young 

 5   boy, Pietro, so they have a chance to be able to 

 6   grow up, grow up with their families, and live a 

 7   good life.

 8                I encourage everyone to visit 

 9   www.Pietrosfight.org and get involved in this 

10   fight.  We owe it to Pietro and to his wonderful 

11   family and friends.  And it's time to urge all of 

12   my colleagues to stand in support of this 

13   resolution and to send their letters as well, and 

14   let them release this drug so that this drug can 

15   today be used to save these children.  And let 

16   them continue their last study, but it's 

17   important that those drugs reach these children, 

18   especially with two successful trials.  It's 

19   important for their lives.

20                Ladies and gentlemen, I applaud the 

21   Scarso family for their success and for being 

22   able to get the message out not just across our 

23   state but across this nation.  Keep up the good 

24   work.  We're going to stand with you, your 

25   family, and with Pietro.  And may God bless you.  


                                                               421

 1                Thank you.

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Golden, thank you.  The resolution was previously 

 4   adopted on January 24th of 2013.  

 5                We extend the greetings of the 

 6   chamber to the Scarso family and extend our 

 7   sincere best wishes for you and for Pietro.  

 8                Thank you very much.

 9                (Applause.)

10                SENATOR LIBOUS:   Mr. President, 

11   would you call on Senator Stewart-Cousins, 

12   please.

13                ACTING PRESIDENT GRIFFO:   Senator 

14   Stewart-Cousins.

15                SENATOR STEWART-COUSINS:   Yes, 

16   thank you.  Thank you, Mr. President.  

17                I just wanted to thank 

18   Senator Golden for presenting this resolution.  

19                I probably am one of so many of us 

20   who also have someone like Pietro in their 

21   lives.  And, you know, one thinks that it's just 

22   this family.  In my case, it's Javier.  And the 

23   same thing, Duchenne Muscular Dystrophy and 

24   fighting for the access to the therapies that 

25   will help Pietro, Javier, and all of them.  


                                                               422

 1                So I just wanted to stand and thank 

 2   you for bringing recognition, Senator Golden.  

 3   I'm sure you're not alone in knowing families 

 4   like this who are just struggling on behalf of 

 5   all of the young boys.  

 6                And just to let you know that we are 

 7   fighting for your son and for so many so that no 

 8   one will have to go through this again.  And 

 9   thank you so much for your courage.

10                Thank you.

11                ACTING PRESIDENT GRIFFO:   Thank 

12   you, Senator Stewart-Cousins.

13                Senator Libous.

14                SENATOR LIBOUS:   Thank you, 

15   Mr. President.

16                I believe there's a resolution at 

17   the desk by Senator Sampson, Number 422.  May we 

18   have the resolution read in its entirety and then 

19   move for its immediate adoption.

20                ACTING PRESIDENT GRIFFO:   The 

21   Secretary will read.

22                THE SECRETARY:   Legislative 

23   Resolution Number 422, by Senator Sampson, 

24   mourning the death of Edward I. Koch, former 

25   New York City Mayor and esteemed public leader.  


                                                               423

 1                "WHEREAS, This Legislative Body, 

 2   proudly representing the people of the State of 

 3   New York, is moved to pause this day to recognize 

 4   and pay tribute to the life and distinguished 

 5   service of Edward I. Koch, the 105th Mayor of the 

 6   great City of New York; and 

 7                "WHEREAS, Edward I. Koch, who served 

 8   three terms as Mayor of the City of New York, 

 9   from January 1, 1978, until December 31, 1989, 

10   died on Friday, February 1, 2013, at the age of 

11   88; and 

12                "WHEREAS, This remarkable public 

13   leader and staunch supporter of Israel was 

14   well-known and admired for his whirlwind life as 

15   a television judge, radio talk-show host, author, 

16   law partner, newspaper columnist, movie reviewer, 

17   professor, commercial pitchman and politician; 

18   and 

19                "WHEREAS, Edward I. Koch was a 

20   visionary who used his political acumen to bring 

21   his dreams to fruition and to blaze a trail wide 

22   enough for a generation of New Yorkers to follow; 

23   and 

24                "WHEREAS, The son of Jewish 

25   immigrants, Louis and Joyce Silpe Koch, Edward I. 


                                                               424

 1   Koch was born in Crotona Park East in the Bronx, 

 2   New York City, on December 12, 1924.  He left 

 3   college to serve his country as a member of the 

 4   United States Army during World War II, earning 

 5   two battle stars in Europe as an infantryman, and  

 6   was discharged in 1946 as a sergeant; and 

 7                "WHEREAS, Edward I. Koch received 

 8   his law degree in 1948, from New York University, 

 9   and was admitted to the New York State bar the 

10   following year.  Over the next 20 years, he 

11   practiced law in New York City, becoming a 

12   founding partner of Koch, Lankenau, Schwartz & 

13   Kovner in 1963; and 

14                "WHEREAS, Edward I. Koch was elected 

15   to the City Council in 1967, serving for two 

16   years prior to his election to the United States 

17   Congress in 1969, representing the East Side of 

18   Manhattan with distinction for years; and 

19                "WHEREAS, An irrepressible icon, his 

20   12-year mayoralty encompassed the fiscal 

21   austerity of the late 1970s and many other 

22   complex issues; and 

23                "WHEREAS, Mayor Edward I. Koch is 

24   credited with leading the New York City 

25   government back from near bankruptcy in the 1970s 


                                                               425

 1   to prosperity in the 1980s.  He also began one of 

 2   the city's most ambitious housing programs,  

 3   which continued after he left office and 

 4   eventually built or rehabilitated more than  

 5   200,000 housing units, revitalizing several 

 6   neighborhoods; and 

 7                "WHEREAS, As Mayor, Edward I. Koch 

 8   held down spending, restoring the city's 

 9   creditworthiness, and began the restoration of 

10   much of the city's infrastructure, including its 

11   bridges and streets; and 

12                "WHEREAS, Re-elected in 1981, 

13   Mayor Edward I. Koch markedly improved the city's 

14   finances during his second term in office.  He 

15   hired workers back and restored many municipal 

16   services.  In addition, he made plans for major  

17   housing programs, improvements in education, and 

18   efforts to reduce welfare dependency; and 

19                "WHEREAS, In 1985, Edward I. Koch 

20   was elected to a third term as Mayor of the City  

21   of New York, during which his efforts enabled the 

22   city to get back into the bond markets, paving 

23   the road to recovery.  The housing plan, based on 

24   dozens of city financing and ownership programs, 

25   became a notable and long-lasting success; and 


                                                               426

 1                "WHEREAS, By the end of the Koch 

 2   administration, 3,000 apartments had been created 

 3   in formerly vacant  buildings, 13,000 more were 

 4   under construction, and design work had begun on 

 5   20,000 more; and 

 6                "WHEREAS, After leaving office, 

 7   Edward I. Koch presented forums on television and 

 8   radio; he also authored numerous newspaper 

 9   articles for The Post and The Daily News, and 

10   magazine articles for such periodicals as the 

11   Jewish World Review, as well as books; and 

12                "WHEREAS, He became an adjunct 

13   professor at New York University, Brandeis 

14   University and Baruch College of the City 

15   University of New York, and gave lectures across 

16   the country; and 

17                "WHEREAS, Edward I. Koch made 

18   regular appearances on WCBS-TV, had talk shows on 

19   Fox television and on WNEW and WABC radio, teamed  

20   with former Senator Alfonse M. D'Amato for a 

21   Bloomberg Radio program, and was a frequent 

22   commentator on the local news television station 

23   NY1; and 

24                "WHEREAS, Edward I. Koch appeared, 

25   mostly as himself, in a score of movies, 


                                                               427

 1   including 'The Muppets Take Manhattan' and 'The 

 2   First Wives Club,' and in cameo roles on 

 3   television shows, including 'Sex and the City';  

 4   he also made commercials for Coca-Cola, Snapple, 

 5   FreshDirect and Ultra Slim-Fast; and 

 6                "WHEREAS, Furthermore, he was the 

 7   star of 'Koch,' the documentary film by 

 8   Neil Barsky that had its premiere at the Museum 

 9   of Modern Art; and 

10                "WHEREAS, Edward I. Koch became a 

11   partner in Robinson, Silverman, Pearce, Aronsohn 

12   & Berman, which in a 2002 merger became  

13   Bryan Cave, an international law firm and one of 

14   the largest real estate practices in New York; 

15   and 

16                "WHEREAS, From 1997 to 1999, he was 

17   the judge on the nationally syndicated show 'The 

18   People's Court'; and 

19                "WHEREAS, Edward I. Koch continued 

20   to write books, a total of 17, including murder  

21   mysteries and commentaries on politics, rivals 

22   and other subjects.  Most were a blend of his 

23   insights, experiences and observations, with  

24   co-authors providing the workaday prose.  While 

25   in office, he produced Mayor (1984), Politics 


                                                               428

 1   (1985) and His Eminence and Hizzoner (1989); and 

 2                "WHEREAS, Later came All The Best: 

 3   Letters From A Feisty Mayor (1990), Ed Koch On 

 4   Everything (1994), I'm Not Done Yet (2000) and 

 5   Buzz: How To Create It and Win With It (2007); 

 6   and 

 7                "WHEREAS, Edward I. Koch and his 

 8   sister wrote a small volume, Eddie: Harold's 

 9   Little Brother, a children's book that appeared 

10   in 2004; and 

11                "WHEREAS, Predeceased by his 

12   brother, Harold M. Koch, Edward I. Koch is 

13   survived by his sister, Pat Koch Thaler, a former 

14   dean at New York University; and 

15                "WHEREAS, Rare indeed is the 

16   impressive conviction, dedication and commitment 

17   shown by an individual for the benefit of his  

18   community and fellow man, such as that which has 

19   been demonstrated by Edward I. Koch throughout 

20   his purposeful life and distinguished career; his 

21   colorful character, his bold spirit, and his 

22   sharp wit will be missed by many; now, therefore, 

23   be it 

24                "RESOLVED, That this Legislative 

25   Body pause in its deliberations to mourn the 


                                                               429

 1   death of Edward I. Koch, former New York City 

 2   Mayor and esteemed public leader; and be it 

 3   further 

 4                "RESOLVED, That a copy of this 

 5   Resolution, suitably engrossed, be transmitted to 

 6   Pat Koch Thaler."

 7                ACTING PRESIDENT GRIFFO:   The 

 8   question is on the resolution.  All in favor 

 9   signify by saying aye.

10                (Response of "Aye.")

11                ACTING PRESIDENT GRIFFO:   Opposed?  

12                (No response.)

13                ACTING PRESIDENT GRIFFO:   The 

14   resolution is adopted.

15                Senator Libous.

16                SENATOR LIBOUS:   Mr. President, I 

17   believe there's another resolution, by Senator 

18   Kennedy, Number 426, at the desk.

19                ACTING PRESIDENT GRIFFO:   The 

20   resolution is at the desk.

21                SENATOR LIBOUS:   Mr. President, for 

22   whatever reason, I am ahead of myself today.  

23   It's not like I want to get out of here in a 

24   hurry or anything, because I enjoy being with all 

25   of my colleagues.


                                                               430

 1                (Laughter.)

 2                SENATOR LIBOUS:   So let me take a 

 3   step back.  

 4                Senator Sampson would like to open 

 5   his resolution up.  And as the policy goes here, 

 6   if someone does not want to be on the Koch 

 7   resolution, please left the desk know.  

 8   Otherwise, we will all be on the resolution.

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Sampson's resolution is open for cosponsorship.  

11   If you choose not to be resolution, indicate at 

12   the desk, please.

13                Senator Libous.

14                SENATOR LIBOUS:   I believe there's 

15   a resolution at the desk by Senator Kennedy.  It 

16   is Resolution Number 426.  May we please have the 

17   title read, and I believe you would call on 

18   Senator Kennedy.

19                ACTING PRESIDENT GRIFFO:   Thank 

20   you, Senator Libous.

21                The Secretary will read.

22                THE SECRETARY:   Legislative 

23   Resolution Number 426, by Senator Kennedy, 

24   mourning the death of Patricia A. Parete, 

25   distinguished police office and devoted member of 


                                                               431

 1   her community.

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Kennedy.

 4                SENATOR KENNEDY:   Thank you, 

 5   Mr. President.

 6                City of Buffalo Police Office Patty 

 7   Parete was wounded in the line of duty on 

 8   December 5, 2006.  After a long and brave battle, 

 9   Officer Parete died on February 2, 2013, this 

10   past Saturday.  

11                Officer Parete and her partner, Carl 

12   Andolina, confronted an armed subject while 

13   responding to a 911 call about a fight at a 

14   convenience store.  As they searched the subject, 

15   he produced a handgun and opened fire, striking 

16   both officers.  Officer Parete suffered a spinal 

17   injury as a result of the shooting and became 

18   paralyzed from the neck down.  

19                Patty, as she was known, was born on 

20   January 12, 1965.  She became a member of the 

21   police department on January 25, 2001, at the age 

22   of 36.  

23                As a police officer, Patty was known 

24   for her street smarts and was described by many 

25   as a fighter.  We saw that fight over the course 


                                                               432

 1   of the last six years, as she fought every single 

 2   day to recover.  Her bravery, coupled with her 

 3   courageous work ethic, made the City of Buffalo a 

 4   safer place to live, to work, and to raise a 

 5   family.

 6                Patty Parete took an oath to serve 

 7   and to protect.  It's an oath that is not taken 

 8   lightly.  It is an oath that she did not take 

 9   lightly.  Each day, members of law enforcement 

10   leave their entire worlds behind.  They leave 

11   their homes, they leave their families, they 

12   leave their loved ones.  They do so knowing that 

13   at any moment danger can be waiting for them 

14   around any corner, like the danger Patty and her 

15   partner Carl encountered on that tragic December 

16   night just over six years ago.

17                Patty knew this could happen.  Every 

18   officer does.  But she took that oath anyway.  

19   Patty Parete's death is a sad and sobering 

20   reminder of the dangers our law enforcement 

21   officers face every single day protecting us.  

22                The Buffalo Police Department is in 

23   mourning today, but they're not alone.  We need 

24   to do all we can to assure them that, just as 

25   they stand by us every single day, today we stand 


                                                               433

 1   by them in this dark moment of mourning.  

 2                Patty Parete and her brothers and 

 3   sisters in law enforcement make our communities 

 4   safer.  They give their all to protect our 

 5   families.  In Officer Parete's case, she gave her 

 6   life.  She made the ultimate sacrifice to ensure 

 7   the safety of Buffalo and the residents of 

 8   New York State.  

 9                We remember her today, and we thank 

10   her and her family for her brave and courageous 

11   service.  Rest in peace, Officer Patty Parete.

12                Thank you, Mr. President.

13                ACTING PRESIDENT GRIFFO:   Thank 

14   you, Senator Kennedy.

15                Senator Gallivan.

16                SENATOR GALLIVAN:   Thank you, 

17   Mr. President.  

18                I too rise to honor the memory of 

19   Buffalo Police Officer Patty Parete.  

20                It is a reminder, of course, of the 

21   dangerous of the job that our law enforcement 

22   officers face, of their commitment and sacrifice 

23   to keep our communities safer.  We certainly owe 

24   them a debt of gratitude, and I thank Senator 

25   Kennedy and my colleagues for also standing to 


                                                               434

 1   honor Patty today.  

 2                And I also ask my colleagues to keep 

 3   this in mind as we move forward.  We can best 

 4   show our support by enacting meaningful 

 5   legislation to keep our law enforcement officers 

 6   safe and going a step further to keep our 

 7   communities safe.

 8                Thank you, Mr. President.

 9                ACTING PRESIDENT GRIFFO:   Senator 

10   Grisanti.

11                SENATOR GRISANTI:   Thank you, 

12   Mr. President.

13                I too would like to follow up on 

14   what Senator Kennedy and Senator Gallivan have 

15   talked about with regards to Patty Parete.  

16                You know, I know that myself and my 

17   family, our deepest sympathies go out to her 

18   wonderful family, her partner and her many 

19   friends.  And I know that we speak for the 

20   residents of Western New York in saying that all 

21   of our thoughts and prayers are with them during 

22   this very difficult time, their time of need. 

23                It is a sad day, as Senator Kennedy 

24   has said, in Western New York and the state as a 

25   whole.  Simply put, Officer Parete is a true 


                                                               435

 1   symbol of bravery.  She was a wonderful person 

 2   who was a victim of a horrific and truly 

 3   senseless act of violence, and her death reminds 

 4   us of what a difficult and dangerous job 

 5   law enforcement actually can be.

 6                I also want to pass along my 

 7   condolences to all her colleagues in the City of 

 8   Buffalo Police Department, and to her family as 

 9   well.  And may God rest her soul.

10                Thank you very much, Mr. President.

11                ACTING PRESIDENT GRIFFO:   Senator 

12   Maziarz.

13                SENATOR MAZIARZ:   Thank you very 

14   much, Mr. President.  

15                I just want to rise and add my 

16   condolences to the Buffalo Police Department.  

17                Patty Parete was an excellent police 

18   officer.  I know that it's a very dangerous job.  

19   My daughter is a police officer, and I remember 

20   when she lived at home and she would, you know, 

21   go to work with her uniform on.  You always 

22   think, you know, keep her safe this particular 

23   day.

24                Unfortunately, six years ago when 

25   that assailant fired that gun at Officer Parete 


                                                               436

 1   and Officer Andolina, he took the life and made 

 2   Patty live in a very horrendous way for the next 

 3   six years until recently, when she passed away.

 4                I attended a fundraiser on her 

 5   behalf that was attended by thousands, literally 

 6   thousands of people to show their support.  And 

 7   certainly I offer my sympathies to her 

 8   colleagues, to her partner, and to her family.  

 9                And I think what Senator Gallivan 

10   said is something that we should all remember.  

11   What we can do, what we can do for Patty Parete 

12   and all the other officers that we have honored 

13   here in the line of duty that have been injured 

14   by an assailant, as Senator Gallivan alluded to, 

15   is to increase the criminal penalties for those 

16   individuals who would harm those members of 

17   law enforcement.

18                Thank you, Mr. President.

19                ACTING PRESIDENT GRIFFO:   The 

20   question is on the resolution.  All in favor 

21   signify by saying aye.

22                (Response of "Aye.")

23                ACTING PRESIDENT GRIFFO:   Opposed?  

24                (No response.)

25                ACTING PRESIDENT GRIFFO:   The 


                                                               437

 1   resolution is adopted.

 2                Senator Libous.

 3                SENATOR LIBOUS:   Mr. President, 

 4   Senator Kennedy would like to open that 

 5   resolution up to all the members.  If someone 

 6   wishes not to be on the resolution, please let 

 7   the desk know.  

 8                And then, Mr. President, we're going 

 9   to do a moment of silence for the officer, but we 

10   have one other thing to do first, because we 

11   would like to honor two people at the same time.  

12                If you could call on Senator 

13   Little.  I believe on the Resolution Calendar 

14   today, Resolution Number 417 was passed earlier.  

15   If I could have the title read, and then if you 

16   could call on Senator Little.

17                ACTING PRESIDENT GRIFFO:   The 

18   resolution, as stated by Senator Libous, of 

19   Senator Kennedy will be open for cosponsorship.  

20   If you choose not to, please notify the desk.  

21                And we will now have the Secretary 

22   read and then recognize Senator Little.  The 

23   Secretary will read the resolution.

24                THE SECRETARY:   Legislative 

25   Resolution Number 417, by Senator Little, 


                                                               438

 1   mourning the untimely death of Staff Sergeant 

 2   Dain Venne of Port Henry, New York, and paying 

 3   tribute to his courageous actions as a member of 

 4   the United States Army. 

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   Little.

 7                SENATOR LITTLE:   Thank you, 

 8   Mr. President.

 9                Once again, I would ask my 

10   colleagues to join me in mourning the death of 

11   one of our true American heroes, a young man who 

12   made the ultimate sacrifice in the service of his 

13   country.  

14                Dain Venne, of Port Henry, New York, 

15   was a member of an Army reserve unit, was serving 

16   his third tour overseas between Iraq and 

17   Afghanistan.  On that day in Afghanistan, he was 

18   killed.  

19                He died on November 3rd, and his 

20   whole community has mourned the loss of this 

21   young man.  He was a member of the volunteer fire 

22   department, he was an active athlete in Moriah 

23   Central School when he graduated, and his whole 

24   family has been a very, very important part of 

25   the Moriah community.  


                                                               439

 1                His father is Town Justice Brian 

 2   Venne.  His mother, Laura, is a teacher at Moriah 

 3   Central School.  And he's also survived by a 

 4   brother and sister.  

 5                I would ask you to join me as we 

 6   honor this young man and mourn his loss.

 7                Thank you.

 8                ACTING PRESIDENT GRIFFO:   Thank 

 9   you, Senator Little.

10                Senator Libous.

11                SENATOR LIBOUS:   Mr. President, 

12   could I ask the chamber to have a moment of 

13   silence for Officer Parete and Sergeant Venne.

14                ACTING PRESIDENT GRIFFO:   We would 

15   ask all members to rise and please reflect upon 

16   and commemorate the lives of Officer Patricia 

17   Parete and Staff Sergeant Dain Venne.

18                (Whereupon, the assemblage rose and 

19   respected a moment of silence.)

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Libous.

22                SENATOR LIBOUS:   Mr. President, is 

23   there any further business at the desk?  

24                ACTING PRESIDENT GRIFFO:   Yes, 

25   Senator Libous, there is further business before 


                                                               440

 1   the desk.

 2                At this time we would like the 

 3   chamber to please join us in extending very happy 

 4   and best wishes to one of our own, Colonel 

 5   Senator Larkin, on the celebration of his 

 6   birthday today.  We want to extend our best 

 7   wishes.

 8                (Standing ovation.)

 9                SENATOR LIBOUS:   Mr. President, 

10   there certainly was additional business at the 

11   desk.

12                ACTING PRESIDENT GRIFFO:   God bless 

13   you, Senator Larkin.  

14                Senator Libous.

15                SENATOR LIBOUS:   Have we cleared 

16   the further business?  

17                ACTING PRESIDENT GRIFFO:   We have.  

18   There is no further business, Senator Libous.

19                SENATOR LIBOUS:   There being no 

20   further business, I move that we adjourn until 

21   Monday, February 11th, at 3:00 p.m., intervening 

22   days being legislative days.

23                ACTING PRESIDENT GRIFFO:   Thank 

24   you, Senator Libous.  

25                On motion, the Senate will stand 


                                                               441

 1   adjourned until Monday, February 11th, at 

 2   3:00 p.m., with intervening days being 

 3   legislative days.

 4                The Senate stands adjourned.

 5                (Whereupon, at 11:59 a.m., the 

 6   Senate adjourned.)

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