Regular Session - June 19, 2013

                                                                   3764

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   June 19, 2013

11                     1:53 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR DIANE J. SAVINO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               3765

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

 2                ACTING PRESIDENT SAVINO:   The 

 3   Senate will please come to order.  

 4                I ask everyone present to rise and 

 5   please repeat with me the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                ACTING PRESIDENT SAVINO:   Today's 

 9   invocation will be delivered by the Reverend 

10   Peter G. Young, of the Mother Teresa Community 

11   here in Albany.

12                FATHER YOUNG:   Thank you, Senator.

13                Let us pray.  

14                As the legislative session draws to 

15   a close, we would like to honor all those men 

16   and women from New York State who have made the 

17   ultimate sacrifice in defense of our country.  

18                For 54 years I have appreciated the 

19   privilege of offering your invocations.  And 

20   now, returning from several leg operations, I 

21   have asked friends to assist me in a chorus 

22   support, to sing with you and join together in 

23   the song:  Michael Roche, Michael Doegan, and 

24   Christopher Gil to sing "God Bless America," as 

25   a tribute to those people and for our country 


                                                               3766

 1   and our Senate membership.  

 2                Amen.

 3                (Whereupon, the guest chorus sang 

 4   "God Bless America.")

 5                (Sustained applause.)

 6                ACTING PRESIDENT SAVINO:   The 

 7   reading of the Journal.

 8                THE SECRETARY:   In Senate, 

 9   Tuesday, June 18th, the Senate met pursuant to 

10   adjournment.  The Journal of Monday, June 17th, 

11   was read and approved.  On motion, Senate 

12   adjourned.

13                ACTING PRESIDENT SAVINO:   Without 

14   objection, the Journal stands approved as read.

15                Presentation of petitions.

16                Messages from the Assembly.

17                Messages from the Governor.

18                Reports of standing committees.

19                Reports of select committees.

20                Communications and reports from 

21   state officers.

22                Motions and resolutions.

23                Senator Libous.

24                SENATOR LIBOUS:   Madam President, 

25   I believe, if you call on Senator Gianaris, he 


                                                               3767

 1   has a motion.

 2                ACTING PRESIDENT SAVINO:   Senator 

 3   Gianaris.

 4                SENATOR GIANARIS:   Thank you, 

 5   Madam President.

 6                On behalf of Senator Espaillat, I 

 7   move to amend Senate Bill 1743B by striking out 

 8   the amendments made on June 18th and restoring 

 9   it to its previous print, 1743A.

10                ACTING PRESIDENT SAVINO:   So 

11   ordered.

12                SENATOR GIANARIS:   And on behalf 

13   of Senator Stavisky, I move that the following 

14   bill be discharged from its respective committee 

15   and be recommitted with instructions to strike 

16   the enacting clause:  Senate Print 628.

17                ACTING PRESIDENT SAVINO:   So 

18   ordered.

19                Senator Libous.

20                SENATOR LIBOUS:   Thank you, Madam 

21   President.  

22                On behalf of Senator Grisanti, on 

23   page 24 I offer the following amendments to 

24   Calendar Number 821, Senate Print 5054, and ask 

25   that said bill retain its place on the Third 


                                                               3768

 1   Reading Calendar.

 2                ACTING PRESIDENT SAVINO:   The 

 3   amendments are accepted, and the bill will retain 

 4   its place on the Third Reading Calendar.

 5                SENATOR LIBOUS:   Madam President, 

 6   at this time could we take up a previously 

 7   adopted resolution by Senator Tkaczyk, and it's 

 8   Number 3136.  Read the title and call on the 

 9   Senator, please.

10                ACTING PRESIDENT SAVINO:   The 

11   Secretary will read.

12                THE SECRETARY:   Legislative 

13   Resolution Number 3136, by Senator Tkaczyk, 

14   honoring the Hunter-Tannersville Central School 

15   District Odyssey of the Mind Team on being named 

16   2013 World Champions.

17                ACTING PRESIDENT SAVINO:   Senator 

18   Tkaczyk on the resolution.

19                SENATOR TKACZYK:   Thank you, Madam 

20   President.  

21                I rise to welcome the 2013 World 

22   Champions to the Senate floor.  

23                This is a team from 

24   Hunter-Tannersville Central School District, and 

25   the team members are here with us today:  Troy 


                                                               3769

 1   Bates, William Garrison, Neal Statts, Dylan Endy 

 2   and Emily Farrell, along with their coaches Rich 

 3   and Dawn Outtrim.

 4                I really want people to understand, 

 5   these are the Odyssey of the Mind world 

 6   champions.  And not only is this extraordinary in 

 7   and of itself, Hunter-Tannersville Central School 

 8   District is one of the smallest schools in my 

 9   Senate district.  They're on the top of Hunter 

10   Mountain, and they have 375 kids in their school, 

11   K through 12.  Their senior class is less than 

12   40 members.

13                I was an Odyssey of the Mind coach 

14   when I coached my son's team, so I know how much 

15   time and dedication this competition requires.  

16   Winning the World Finals is a remarkable 

17   achievement.  

18                The competition teaches students 

19   cooperation, respect for ideas of others, how to 

20   work together -- skills that will stay with them 

21   for a lifetime.  It also teaches students to 

22   learn creative problem-solving methods and 

23   rewards thinking that is outside the box.  

24                This team went to Michigan State 

25   University on May 22-25 to compete in the World 


                                                               3770

 1   Finals competition.  Before they got there, 

 2   though, they had to compete and win in their 

 3   regional competition against six other teams.  

 4   They then competed in the state competition 

 5   against 14 other teams.  

 6                They went as representatives of 

 7   New York State to the world competition and 

 8   competed against and defeated 47 teams in the 

 9   World Finals, 39 from the U.S. as well as teams 

10   from Singapore, South Korea, Mexico, and Poland.  

11   This is an incredibly remarkable accomplishment 

12   for this team.  Most of them are seniors who are 

13   going off to college.  But what they accomplished 

14   could not have been done without the dedication 

15   of their coaches, Rich and Dawn Outtrim.  This is 

16   not the first Odyssey of the Mind team they've 

17   coached, nor, I expect, will it be the last.  

18                And I know that their parents are 

19   also here, and what they accomplished could not 

20   have been done without the support of their 

21   parents.  

22                I know the people of 

23   Hunter-Tannersville Central School District, 

24   Greene County, and the State of New York are very 

25   proud of this team for their great achievement, 


                                                               3771

 1   and I ask you all to join me in welcoming and 

 2   congratulating them.

 3                Thank you.

 4                (Standing ovation.)

 5                ACTING PRESIDENT SAVINO:   This 

 6   resolution was previously adopted on June 4th.  

 7                And we welcome the 

 8   Hunter-Tannersville Central School District 

 9   Odyssey of the Mind Team and congratulate you on 

10   being named 2013 World Champions.

11                Senator Libous.

12                SENATOR LIBOUS:   Thank you, Madam 

13   President.  

14                There will be an immediate meeting 

15   of the Energy Committee in Room 332, an immediate 

16   meeting of the Energy Committee in Room 332.  And 

17   then we will stand at ease.

18                ACTING PRESIDENT SAVINO:   There 

19   will be an immediate meeting of the Energy and 

20   Telecommunications Committee in Room 332.  

21                Until then, the Senate will stand at 

22   ease.

23                (Whereupon, the Senate stood at ease 

24   at 2:02 p.m.)

25                (Whereupon, the Senate reconvened at 


                                                               3772

 1   2:49 p.m.)

 2                SENATOR LIBOUS:   Madam President.

 3                ACTING PRESIDENT SAVINO:   Senator 

 4   Libous.

 5                SENATOR LIBOUS:   There will be an 

 6   immediate meeting of the Finance Committee in 

 7   Room 332, an immediate meeting of the Finance 

 8   Committee in Room 332.

 9                ACTING PRESIDENT SAVINO:   There 

10   will be an immediate meeting of the Finance 

11   Committee in Room 332.  

12                The Senate will stand at ease.

13                (Whereupon, the Senate stood at ease 

14   at 2:50 p.m.)

15                (Whereupon, the Senate reconvened at 

16   4:09 p.m.)

17                ACTING PRESIDENT SAVINO:   Senator 

18   Libous.

19                SENATOR LIBOUS:   Madam President, 

20   can we go to reports of standing companies.  I 

21   believe there's a report of the Finance Committee 

22   at the desk.

23                ACTING PRESIDENT SAVINO:   Reports 

24   of standing committees.  

25                The Secretary will read the report 


                                                               3773

 1   of the Finance Committee.

 2                THE SECRETARY:   Senator 

 3   DeFrancisco, from the Committee on Finance, 

 4   reports the following nomination.  

 5                As commissioner of the Office of 

 6   Temporary and Disability Assistance, Kristin M. 

 7   Proud, of Loudonville.

 8                ACTING PRESIDENT SAVINO:   Senator 

 9   DeFrancisco.

10                SENATOR DeFRANCISCO:   Yes, thank 

11   you, Madam President.  

12                I proudly, I proudly move the 

13   nomination of Kristin M. Proud for commissioner 

14   of the Office of Temporary and Disability 

15   Assistance.  

16                There was a lot of discussion in the 

17   Senate Finance Committee, all extremely positive, 

18   about this nominee.  And we're just very pleased 

19   that she's willing to take on this new position, 

20   because we know she's going to serve the State of 

21   New York well.

22                And I'd ask to move this nomination.

23                ACTING PRESIDENT SAVINO:   Senator 

24   Farley on the nomination.

25                SENATOR FARLEY:   Yes, thank you, 


                                                               3774

 1   Madam President.  

 2                I'm very pleased to rise to support 

 3   and second the nomination of Kristin Proud.  

 4                Let me just say something.  She's a 

 5   graduate of the State University of Albany, the 

 6   School of Business, where I taught for many 

 7   years, and was one of the most brilliant students 

 8   they ever had there, graduated summa cum laude.  

 9                And you know, she not only has been 

10   a product of this Senate, she's been a product of 

11   the Assembly, was a giant over in the Ways and 

12   Means Committee, was described by some of the 

13   other members of this body as one of the most 

14   gifted people that ever served in the Assembly 

15   staff.

16                And you know, Kristin, we are so 

17   fortunate to have somebody of this talent and 

18   ability to literally take a pay cut to serve as 

19   commissioner.  You know, the Governor is 

20   fortunate to be able to get people like this to 

21   serve because their salaries are frozen and so 

22   forth.  And I know Senator DeFrancisco has 

23   legislation to help these commissioners to at 

24   least make more than the people that are working 

25   for them.  


                                                               3775

 1                And, Kristin, we are so fortunate to 

 2   have you serving our State of New York.  You have 

 3   been described by another member, I think Madam 

 4   President said that Senator Klein said you were 

 5   the smartest woman he ever knew.  And I think 

 6   that's quite a compliment too, because he's known 

 7   a lot of smart women.

 8                My colleagues, I urge the support of 

 9   this outstanding nominee because we're very 

10   fortunate to have her in a position that is very, 

11   very important.

12                The best of luck to you, Kristin.

13                ACTING PRESIDENT SAVINO:   Senator 

14   Gianaris on the nomination.

15                SENATOR GIANARIS:   Thank you, Madam 

16   President.

17                I want to add my words of support to 

18   Kristin Proud.  She and I have known each other 

19   almost two decades, when I worked in the 

20   Assembly, when she was one of the giants of Ways 

21   and Means that Senator Farley referred to and I 

22   was a counsel on the staff.  

23                And this will be one of those 

24   moments when I agree with Senator Klein:  She is 

25   not only one of the smartest women I have ever 


                                                               3776

 1   known, but one of the smartest individuals of any 

 2   gender that I have known.  

 3                And I'm sure she's going to do an 

 4   incredible job as the commissioner and, in the 

 5   future, whatever other major responsibilities she 

 6   undertakes.  So I'm happy to encourage my 

 7   colleagues to vote in support of this nomination.

 8                ACTING PRESIDENT SAVINO:   Thank 

 9   you, Senator Gianaris.

10                Are there any other members wishing 

11   to be heard on the nomination?  

12                Seeing none, the question is on the 

13   nomination of Kristin M. Proud, of Loudonville, 

14   to be the commissioner of the Office of Temporary 

15   and Disability Assistance.  All those in favor 

16   signify by saying aye.

17                (Response of "Aye.")

18                ACTING PRESIDENT SAVINO:   Opposed, 

19   nay.

20                (No response.)

21                ACTING PRESIDENT SAVINO:   The ayes 

22   have it.  

23                Congratulations, Kristin Proud.

24                (Standing ovation.)

25                ACTING PRESIDENT SAVINO:   The 


                                                               3777

 1   Secretary will read.

 2                THE SECRETARY:   As member and chair 

 3   of the State Board of Parole, Tina Marie 

 4   Stanford, of Saratoga Springs.

 5                ACTING PRESIDENT SAVINO:   Senator 

 6   DeFrancisco.

 7                SENATOR DeFRANCISCO:   Yes, I move 

 8   the nomination of Tina Marie Stanford, of 

 9   Saratoga Springs, as a member and chair of the 

10   State Board of Parole.  

11                And I just want to speak generally 

12   about the rest of the members of the Board of 

13   Parole that we'll be dealing with very shortly, 

14   that this is truly a great cross-section of 

15   New Yorkers.  Too many people from Buffalo, but a 

16   great cross-section of Central New Yorkers.

17                (Laughter.)

18                SENATOR DeFRANCISCO:   And of 

19   diverse backgrounds, ethnic backgrounds, but 

20   experience, diverse experience, from a Secret 

21   Service agent to a former New York City 

22   detective.  I mean, this is a group that I can't 

23   wait till they have their Parole Board parties, 

24   because I want to talk to all of them over a 

25   beer.


                                                               3778

 1                A very interesting, very great group 

 2   that we have here, and we compliment the 

 3   Governor.

 4                So back to business, I do move the 

 5   nomination.

 6                ACTING PRESIDENT SAVINO:   Senator 

 7   Gallivan on the nomination.

 8                SENATOR GALLIVAN:   Thank you, Madam 

 9   President.

10                I stand to support the nomination of 

11   Tina Stanford for the chairwoman of the Board of 

12   Parole.  

13                I first met Tina back in the Erie 

14   County days, Buffalo of course being the center 

15   when she was in the DA's office, but have had a 

16   long-standing relationship.  Most recently she 

17   was the chair of the New York State Office of 

18   Victims Services, did an outstanding job there 

19   and worked with our committee.  And I look 

20   forward to working with her in this capacity.  

21                And I also would like to speak in 

22   general terms about the next six nominees that 

23   will be placed before the body as members of the 

24   Parole Board.  

25                Three are reappointments who I had 


                                                               3779

 1   the privilege of working with -- and I think 

 2   their renomination or reappointment by the 

 3   Governor speaks volumes for their professionalism 

 4   and their abilities -- and three new nominees.  

 5   When combined, the depth and breadth of 

 6   experience is really incredible.

 7                Senator DeFrancisco always says 

 8   this, but I'll say it for him this time:  Again, 

 9   impressed by the Governor's nominees and the 

10   quality of people that they've brought before 

11   us.  And I think it will bode well for the Board 

12   of Parole and, of course, the state.  

13                So I will in advance second all 

14   their nominations.

15                Thank you.

16                ACTING PRESIDENT SAVINO:   Senator 

17   Hassell-Thompson on the nomination.

18                SENATOR HASSELL-THOMPSON:   Thank 

19   you, Madam President.

20                I rise to echo -- and I very rarely 

21   echo anything that Senator DeFrancisco says.  But 

22   today I do have to agree with him.  I have to 

23   agree with him that the Governor has made a 

24   phenomenal choice not only in our chairwoman Tina 

25   Stanford, but also in each of the appointees.  


                                                               3780

 1                I think it's important for me to 

 2   stand here and make these comments because last 

 3   year I'm sure that everybody is well aware of my 

 4   displeasure with the Governor's failure to 

 5   appoint anyone to this board of color, 

 6   particularly with the number of inmates who 

 7   represent disproportionately the numbers of 

 8   people who are of black and Latino descent.  

 9                And so from that perspective I was 

10   more than gratified to see that this year the 

11   appointees not only met my expectations but 

12   exceeded them.  And as each of people who have 

13   spoken have said today, it was a pleasure to sit 

14   this morning and to listen to each of them talk 

15   about themselves but, more importantly, to look 

16   at the resume and the lifework that each of them 

17   has contributed to doing public service for the 

18   State of New York and their desire to continue to 

19   do so.  

20                And so therefore it gives me great 

21   pleasure to support the names of nominees for 

22   today for the Board of Parole and thank the 

23   Governor for a very thoughtful and meaningful 

24   selection of people to serve.

25                Thank you, Madam President.


                                                               3781

 1                ACTING PRESIDENT SAVINO:   Senator 

 2   Marchione on the nomination.

 3                SENATOR MARCHIONE:   Thank you.  

 4                I just wanted to rise to 

 5   congratulate Tina Marie Stanford of Saratoga 

 6   Springs.  I have the good fortune of representing 

 7   Saratoga Springs and wanted to personally 

 8   congratulate her and wish her well in her new 

 9   appointment.

10                In addition, the members of the 

11   state board, I do know personally one of those 

12   members and know how good she is in serving, one 

13   who is being reappointed at this time.  So 

14   congratulations to each and every one of them.  

15   They are good, good selections.

16                ACTING PRESIDENT SAVINO:   Senator 

17   Nozzolio on the nomination.

18                SENATOR NOZZOLIO:   Thank you, Madam 

19   President and my colleagues.  

20                I rise with great enthusiasm to echo 

21   the comments of those who spoke on behalf of Tina 

22   Marie Stanford to be the new chairman of the 

23   Parole Board.  

24                I also wish to associate myself with 

25   the remarks of Senator Gallivan and Senator 


                                                               3782

 1   Hassell-Thompson on the quality of service that 

 2   the Parole Board members as a rule and as a body 

 3   have experienced.  And many of them were 

 4   confirmed a number of years ago when I was the 

 5   chair of the Senate Committee on Crime Victims, 

 6   Crime and Corrections.  To see reappointments on 

 7   the Parole Board of people who have done a very 

 8   good job -- in many cases, an outstanding job -- 

 9   is very, very good to see.

10                I rise specifically to congratulate 

11   chairman Stanford on her appointment to be 

12   chairman of the New York State Board of Parole.  

13   That she was also confirmed in the past by the 

14   Crime Victims, Crime and Corrections Committee in 

15   the capacity of heading up the Victims Services 

16   Unit, then called the Crime Victims Board.  

17                The board is a very important group 

18   enterprise in terms of ensuring that crime 

19   victims are given their appropriate support and 

20   considerations, and that for many years always 

21   struggled with the fact that there were 

22   backlogs.  

23                And that I'm very pleased to say 

24   that under the chairmanship of Tina Stanford, the 

25   board had no backlogs, virtually none.  And that 


                                                               3783

 1   provided justice, because otherwise justice 

 2   delayed would be justice denied.

 3                So we very much appreciate the 

 4   skill, the administrative ability, the leadership 

 5   that the nominee now to the Parole Board had 

 6   already brought to the criminal justice process 

 7   at the state level in her responsibilities to 

 8   help crime victims and as chair of the Crime 

 9   Victims Board.  

10                And now to be chairman of the Parole 

11   Board, bringing that experience as well as a 

12   number of criminal justice experiences, including 

13   being a former prosecutor, I think is a great 

14   combination.  A person with ability, with talent, 

15   with professionalism, and with class is what 

16   Governor Cuomo has nominated, and I am very 

17   appreciative of Governor Cuomo making this 

18   appointment, making this nomination.  

19                And that I'm also pleased to be 

20   standing here before you, Madam Chair and my 

21   colleagues, to wholeheartedly, enthusiastically 

22   support the nomination.

23                ACTING PRESIDENT SAVINO:   Are there 

24   any other members wishing to be heard on the 

25   nomination?


                                                               3784

 1                Seeing none, the question is on the 

 2   nomination of Tina Marie Stanford, of Saratoga 

 3   Springs, as a member and chair of the state Board 

 4   of Parole.

 5                All those in favor signify by saying 

 6   aye.

 7                (Response of "Aye.")

 8                ACTING PRESIDENT SAVINO:   Opposed, 

 9   nay.

10                (No response.)

11                ACTING PRESIDENT SAVINO:   The 

12   nomination is approved.

13                Congratulations to Tina Marie 

14   Stanford, chair of the State Board of Parole.

15                (Standing ovation.)

16                ACTING PRESIDENT SAVINO:   The 

17   Secretary will read.

18                THE SECRETARY:   As members of the 

19   State Board of Parole:  Lisa Beth Elovich, of 

20   Rensselaer; Gail I. Hallerdin, of Jamaica; Milton 

21   D. Johnson III, of Hopewell Junction; Julie A. 

22   Smith, of Batavia; Walter William Smith, Jr., of 

23   Clarence Center; and Sally A. Thompson, of 

24   Putnam Valley.

25                ACTING PRESIDENT SAVINO:   Senator 


                                                               3785

 1   DeFrancisco.

 2                SENATOR DeFRANCISCO:   I move each 

 3   of the nominations for the reasons I set forth 

 4   earlier.  

 5                They were all unanimously approved 

 6   in our committee, and they're great appointments.

 7                ACTING PRESIDENT SAVINO:   Thank 

 8   you.  

 9                Senator Maziarz on the nominations.

10                SENATOR MAZIARZ:   Thank you very 

11   much, Madam President.

12                I was at the Crime Victims, Crime 

13   and Corrections meeting today and was most 

14   impressed with these candidates.  

15                I specifically want to point out my 

16   good friend Bill Smith from Western New York.  

17   When the Governor wants talent and intelligence, 

18   he goes to Buffalo.  That was for Senator 

19   DeFrancisco's comment.

20                (Laughter.)

21                SENATOR MAZIARZ:   But I do want to 

22   just say that Bill Smith has been a member of the 

23   Board of Parole for several years now, since 

24   1996.  He's done an excellent job, and it's a 

25   great reappointment.  


                                                               3786

 1                Congratulations, Bill.

 2                ACTING PRESIDENT SAVINO:   Thank 

 3   you.

 4                Senator Ranzenhofer on the 

 5   nominations.

 6                SENATOR RANZENHOFER:   Thank you.  

 7                I'd also like to commend the 

 8   Governor on his very good selection and 

 9   cross-selection of reappointments and 

10   appointments to the board.  It represents great 

11   diversity, not only in gender, geographic area -- 

12   although I will concur that many of them are from 

13   Western New York.

14                Two of them I would like to comment 

15   on particularly, and not related to each other, 

16   but one is Bill Smith and the other is Julie 

17   Smith.  

18                Julie Smith has been the director of 

19   probation for over 20 years in Genesee County, 

20   and she had a very wide and broad breadth of 

21   experience.  She also has the disposition, the 

22   training, the education and the experience and 

23   has been through a very long two-year process for 

24   this day to finally come.  

25                I think the community will be very 


                                                               3787

 1   well served by her nomination, and I think she'll 

 2   do great work for the Parole Board and for the 

 3   people of the State of New York.

 4                I'd like to echo Senator Maziarz's 

 5   comments with respect to Bill Smith, the most 

 6   experienced member of the board.  I think the 

 7   Governor was wise in reappointing him.  He's been 

 8   reappointed by a number of governors, and I think 

 9   that is because of his experience, his training, 

10   but most importantly his disposition and 

11   temperament as he deals with those very, very 

12   sensitive issues that come before the Parole 

13   Board.

14                I just wanted to comment on those 

15   two.  I think our community will be very well 

16   served by all of them, but especially the two 

17   that I happen to know and from my area.  

18                Thank you, Madam President.

19                ACTING PRESIDENT SAVINO:   Thank 

20   you.

21                Senator Farley on the nominations.

22                SENATOR FARLEY:   Yes, I'd like to 

23   speak that all of these nominees are eminently 

24   qualified.  

25                I just want to pay attention to one 


                                                               3788

 1   nominee, Lisa Elovich, who I've known.  A 

 2   brilliant prosecutor and lawyer that is a 

 3   reappointment, has done a great job.  She also 

 4   has another facet.  She was an outstanding 

 5   promoter of boxing, many matches of which I went 

 6   to and enjoyed.  Lisa is a multi-talented woman 

 7   and one that we're very lucky to have as a member 

 8   of the Parole Board.

 9                And, Lisa, I wish you well in your 

10   new term, and best wishes.

11                ACTING PRESIDENT SAVINO:   Thank 

12   you.  

13                Are there any other members wishing 

14   to be heard on the nominations? 

15                Seeing none, the question is on the 

16   nominations of the members that have been read by 

17   the Secretary.  All those in favor signify by 

18   saying aye.

19                (Response of "Aye.")

20                ACTING PRESIDENT SAVINO:   Opposed, 

21   nay.

22                (No response.)

23                ACTING PRESIDENT SAVINO:   The 

24   nominations have been approved.  

25                Congratulations to Lisa Beth 


                                                               3789

 1   Elovich, Gail I. Hallerdin, Milton D. Johnson 

 2   III, Julie A. Smith, Walter William Smith, Jr., 

 3   and Sally A. Thompson.  Congratulations.

 4                (Standing ovation.)

 5                ACTING PRESIDENT SAVINO:   Senator 

 6   DeFrancisco.

 7                SENATOR DeFRANCISCO:   Yes, the next 

 8   group of nominees that will be read in a moment 

 9   is about two and a half pages long.  And in the 

10   interests of time, without objection, we would 

11   like to have them all read.  And if anyone wants 

12   to comment on any specific nominee, none of whom 

13   had to appear, and none of them are here, if 

14   they'd save their remarks to the end.

15                Thank you.

16                ACTING PRESIDENT SAVINO:   The 

17   Secretary will read.

18                THE SECRETARY:   As member and chair 

19   of the New York State Energy Research and 

20   Development Authority, Richard L. Kauffman, of 

21   New York.

22                As member and chairman of the State 

23   Board for Historic Preservation, Robert B. 

24   MacKay, Ph.D., of Cold Spring Harbor.

25                As director and chair of the 


                                                               3790

 1   New York State Convention Center Operating 

 2   Corporation, Henry R. Silverman, of New York.  

 3                As member and chair of the 

 4   Adirondack Park Agency, Leilani Crafts Ulrich, of 

 5   Old Forge.

 6                As member of the Great Lakes 

 7   Protection Fund, Vita DeMarchi, of Manlius.

 8                As member of the Citizens Policy and 

 9   Complaint Review Council, Nicholas A. LaBella, of 

10   New Hartford.  

11                As trustee of the New York Power 

12   Authority, Eugene L. Nicandri, of Massena. 

13                As member of the New York State 

14   Housing Finance Agency, Joyce L. Miller, of 

15   New York.

16                As member and chair of the Dormitory 

17   Authority of the State of New York, Alfonso L. 

18   Carney, Jr., of New York.  

19                As director of the New York State 

20   Environmental Facilities Corporation, Charles J.  

21   Kruzansky, of Voorheesville.

22                As commissioner of the Tax Appeals 

23   Tribunal, Roberta Moseley Nero, of Hudson.

24                As member of the State Park, 

25   Recreation and Historic Preservation Commission 


                                                               3791

 1   for the City of New York, Leisle Lin, of 

 2   New York.

 3                As member of the Niagara Frontier 

 4   State Park, Recreation and Historic Preservation 

 5   Commission, Thomas J. Yots, of Buffalo.

 6                As member and chairman of the 

 7   Genesee State Park, Recreation and Historic 

 8   Preservation Commission, Peter G. Humphrey, of 

 9   Scottsville.

10                As member of the Allegany State 

11   Park, Recreation and Historic Preservation 

12   Commission, Michael K. Lyons, of Bemus Point.  

13                As members of the Dormitory 

14   Authority of the State of New York:  John B. 

15   Johnson, Jr., of Watertown, and Beryl L. Snyder, 

16   of New York.  

17                As members of the Adirondack Park 

18   Agency:  Arthur S. Lussi, of Lake Placid; Daniel 

19   Wilt, of Lake Pleasant; Karen M. Feldman, of 

20   Hudson; and William H. Thomas, of North Creek.  

21                As commissioners of the New York 

22   State Insurance Fund:  Joseph W. Canovas, of 

23   Staten Island, and Barry J. Swidler, of 

24   Brookville.

25                As directors of the New York 


                                                               3792

 1   Convention Center Operating Corporation:  Daniel 

 2   F. DeVita, of Syosset; David Emil, of New York; 

 3   Edward Kane, of New York; and Andrew M. Murstein, 

 4   of New York.

 5                As members of the Albany Pine Bush 

 6   Preserve Commission:  Harvey J. Alexander, of 

 7   Schenectady; John K. Brust, of Central Bridge; 

 8   Nancy A. Pierson, of Slingerlands; and Steven K. 

 9   Rice, Ph.D., of Rexford.

10                As members of the Advisory Council 

11   on Agriculture:  Samuel J. Casella, of 

12   Canandaigua; David Haight, of Malta; and Lesa 

13   Sobelewski, of Avon.

14                As members of the Genesee State 

15   Park, Recreation and Historic Preservation 

16   Commission:  Frank X. Allkofer, of Rochester, and 

17   Thomas Jennings, of Albion.

18                And as members of the State Board 

19   for Historic Preservation:  John W. Aldrich, of 

20   Albany, and Randall T. Crawford, of Syracuse.

21                ACTING PRESIDENT SAVINO:   The 

22   question is on the nominees as read by the 

23   Secretary.  All those in favor signify by saying 

24   aye.

25                (Response of "Aye.")


                                                               3793

 1                ACTING PRESIDENT SAVINO:   Opposed, 

 2   nay.

 3                (No response.)

 4                ACTING PRESIDENT SAVINO:   The 

 5   nominees are approved.

 6                Senator Libous.  

 7                SENATOR LIBOUS:   Madam President, 

 8   allow me to stand.

 9                (Laughter.)

10                SENATOR LIBOUS:   We are going to 

11   have another Finance Committee meeting, but not 

12   yet, because the teapot is not boiling.  So I 

13   would ask that we stand at ease temporarily.  

14                I apologize for the day, but it's 

15   just the end of session.  And I think all of you 

16   who have been here a while understand that the 

17   mechanics of doing things take a little bit of 

18   time, and sometimes it's not good for us because 

19   it wastes our time.  But it is what it is, and 

20   I'm doing the best I can.  And I would suggest 

21   that you bring folders with work in it so that 

22   you can read or do things that are beneficial to 

23   your constituents.

24                But before we stand at ease, I would 

25   ask you to go back to motions and call on 


                                                               3794

 1   Senator Gianaris.

 2                ACTING PRESIDENT SAVINO:   Motions 

 3   and resolutions.  

 4                Senator Gianaris.

 5                SENATOR GIANARIS:   On behalf of 

 6   Senator Gipson, Madam President, I move that the 

 7   following bill be discharged from its respective 

 8   committee and be recommitted with instructions to 

 9   strike the enacting clause:  Senate Number 5521.

10                ACTING PRESIDENT SAVINO:   So 

11   ordered.

12                Senator Libous.  

13                SENATOR LIBOUS:   Madam President, 

14   we will stand at ease.

15                ACTING PRESIDENT SAVINO:   The 

16   Senate will stand at ease.

17                (Whereupon, the Senate stood at ease 

18   at 4:31 p.m.)

19                (Whereupon, the Senate reconvened at 

20   6:26 p.m.)

21                ACTING PRESIDENT SAVINO:   The 

22   Senate will come to order.

23                Senator DeFrancisco.

24                SENATOR DeFRANCISCO:   Yes, there 

25   will be an immediate meeting of the Finance 


                                                               3795

 1   Committee in the Majority Conference Room, 

 2   Room 332.

 3                ACTING PRESIDENT SAVINO:   There 

 4   will be an immediate meeting of the Senate 

 5   Finance Committee in Room 332.

 6                SENATOR DeFRANCISCO:   If we get a 

 7   quorum, we could get moving, all those out there 

 8   in listening land.

 9                (Laughter.)

10                ACTING PRESIDENT SAVINO:   The 

11   Senate will stand at ease pending the return of 

12   the Finance Committee.

13                (Whereupon, the Senate stood at ease 

14   at 6:27 p.m.)

15                (Whereupon, the Senate reconvened at 

16   7:12 p.m.)

17                ACTING PRESIDENT SAVINO:   Senator 

18   Libous.

19                SENATOR LIBOUS:   Madam President, 

20   if we can go to reports of standing committees, I 

21   believe there's a report of the Finance Committee 

22   at the desk.

23                ACTING PRESIDENT SAVINO:   Reports 

24   of standing committees.  

25                There is a report of the Finance 


                                                               3796

 1   Committee at the desk.  The Secretary will read.

 2                THE SECRETARY:   Senator 

 3   DeFrancisco, from the Committee on Finance, 

 4   reports the following nomination.  

 5                As a member of the Public Service 

 6   Commission, Audrey Zibelman, of Philadelphia, 

 7   Pennsylvania.

 8                ACTING PRESIDENT SAVINO:   Senator 

 9   DeFrancisco.

10                SENATOR DeFRANCISCO:   Thank you, 

11   Madam President.  

12                In the interests of time, I'd like 

13   to just make a general statement about all the 

14   nominees coming before us this evening.  

15                Another set of great, great 

16   appointments, many very, very accomplished 

17   individuals, some of whom have been serving in 

18   public service for years in other capacities, 

19   others from private industry, some combinations 

20   of both.  But all highly competent and capable of 

21   doing the job in an extraordinary way to which 

22   they have been nominated.  

23                And I again praise the Governor for 

24   his appointments, and I praise them for being 

25   willing to serve.


                                                               3797

 1                So with respect to the first 

 2   nominee, I move her nomination.

 3                ACTING PRESIDENT SAVINO:   Are there 

 4   any members wishing to be heard on the 

 5   nomination?

 6                Seeing none, the question is on the 

 7   nomination of Audrey Zibelman as a member of the 

 8   Public Service Commission.  All those in favor 

 9   signify by saying aye.

10                (Response of "Aye.")

11                ACTING PRESIDENT SAVINO:   Opposed, 

12   nay.  

13                (No response.)

14                ACTING PRESIDENT SAVINO:   The 

15   nomination is confirmed.  

16                Congratulations to Audrey Zibelman, 

17   member of the Public Service Commission.

18                (Applause.)

19                ACTING PRESIDENT SAVINO:   The 

20   Secretary will continue to read.  

21                THE SECRETARY:   As executive 

22   director of the Justice Center for the Protection 

23   of People with Special Needs, Jeffrey A. Wise, 

24   J.D., of Saratoga Springs.

25                ACTING PRESIDENT SAVINO:   Senator 


                                                               3798

 1   DeFrancisco.

 2                SENATOR DeFRANCISCO:   Ditto on what 

 3   I said before, and I move the nomination.

 4                ACTING PRESIDENT SAVINO:   Are there 

 5   any members wishing to be heard on the nomination 

 6   of Jeffrey A. Wise as executive director of the 

 7   Justice Center for the Protection of People with 

 8   Special Needs?

 9               Senator Tkaczyk.

10                SENATOR TKACZYK:   I would just like 

11   to note that I knew Jeffrey Wise when he worked 

12   for the Coalition for the Homeless.  I can think 

13   of no better advocate for this center.  

14                This is a very important new entity, 

15   and I'm very confident that he will lead it with 

16   great leadership.  

17                Thank you.

18                ACTING PRESIDENT SAVINO:   Senator 

19   Marchione.

20                SENATOR MARCHIONE:   Thank you.

21                As the Senator who represents 

22   Saratoga Springs, I want to extend my personal 

23   congratulations to Mr. Wise on this appointment, 

24   knowing that he'll do a great job.

25                ACTING PRESIDENT SAVINO:   Are there 


                                                               3799

 1   any other members wishing to be heard on the 

 2   nomination?  

 3                Seeing none, the question is on the 

 4   nomination of Jeffrey A. Wise, J.D., as executive 

 5   director of the Justice Center for the Protection 

 6   of People with Special Needs.  All those in favor 

 7   signify by saying aye.

 8                (Response of "Aye.")

 9                ACTING PRESIDENT SAVINO:   Opposed, 

10   nay.

11                (No response.)

12                ACTING PRESIDENT SAVINO:   The 

13   nomination is approved.

14                Congratulations to Jeffrey Wise, of 

15   Saratoga Springs.

16                (Applause.)

17                ACTING PRESIDENT SAVINO:   The 

18   Secretary will continue to read.

19                THE SECRETARY:   As members of the 

20   New York State Gaming Commission:  John A. 

21   Crotty, of New York; John J. Poklemba, of 

22   Clifton Park; Barry C. Sample, of Albany; and 

23   Todd R. Snyder, of New York.

24                ACTING PRESIDENT SAVINO:   Senator 

25   DeFrancisco.


                                                               3800

 1                SENATOR DeFRANCISCO:   I move the 

 2   nominations.

 3                ACTING PRESIDENT SAVINO:   Senator 

 4   Bonacic on the nominations.

 5                SENATOR BONACIC:   Briefly.  

 6                These four gentlemen appeared before 

 7   the Racing and Wagering Committee.  They were 

 8   unanimously approved.  I want to thank the 

 9   Governor for sending us these four gentlemen.  

10                When we look at their backgrounds, 

11   they are well suited for the job that they're 

12   going to be appointed to.  Some are lawyers, some 

13   have worked in the financial field, some have 

14   experience in racing and wagering.  

15                And they're going to face quite a 

16   bit of responsibility.  And the question we've 

17   asked them is will they be independent, will they 

18   use their best judgment on issues that come 

19   before them and they will not be influenced by 

20   any political forces, whether from the 

21   Legislature, the Governor or outside.  

22                And keep in mind, this Gaming 

23   Commission will be responsible for the Lottery, 

24   the horse race industry, charitable gaming, and 

25   non-Native and Native gaming if the referendum is 


                                                               3801

 1   approved.  

 2                So I thank them for their sacrifice, 

 3   and I wholeheartedly support their confirmation.  

 4                Thank you, Madam President.

 5                ACTING PRESIDENT SAVINO:   Thank 

 6   you, Senator Bonacic.

 7                Senator Larkin.

 8                SENATOR LARKIN:   Thank you, Madam 

 9   President.  

10                Of the four nominees, I had the 

11   privilege of working with three of them for many 

12   years.  John and Barry, we were young in those 

13   days.  

14                But during the times that I had the 

15   privilege of working with various agencies in the 

16   years that I've been here, I've always found them 

17   to be up-front.  When they can't do something, 

18   they would tell you.  If there was a problem, 

19   they would help you resolve it.  But they were 

20   always interested in the fact that what we do, we 

21   should do in the best interests of the people of 

22   the State of New York.  

23                I think the choice by the Governor 

24   is outstanding, and I wish you good luck.

25                ACTING PRESIDENT SAVINO:   Thank 


                                                               3802

 1   you.

 2                Are there any other Senators wishing 

 3   to be heard on the nominations?

 4                Seeing none, the question is on the 

 5   nominations of John A. Crotty, John J. Poklemba, 

 6   Barry C. Sample, and Todd R. Snyder as members of 

 7   the New York State Gaming Commission.  All those 

 8   in favor signify by saying aye.

 9                (Response of "Aye.")

10                ACTING PRESIDENT SAVINO:   Opposed, 

11   nay.

12                (No response.)

13                ACTING PRESIDENT SAVINO:   The 

14   nominations are hereby confirmed.  

15                Congratulations, gentlemen.

16                (Applause.)

17                ACTING PRESIDENT SAVINO:   The 

18   Secretary will continue to read.

19                THE SECRETARY:   As member and chair 

20   of the Justice Center Advisory Council, William 

21   T. Gettman, Jr., of Glenmont.

22                SENATOR DeFRANCISCO:   Move the 

23   nomination.

24                ACTING PRESIDENT SAVINO:   Thank 

25   you.  


                                                               3803

 1                Are there any members wishing to be 

 2   heard on the nomination?

 3                Seeing none, the question is on the 

 4   nomination of William T. Gettman, Jr., as member 

 5   and chair of the Justice Center Advisory 

 6   Council.  All those in favor signify by saying 

 7   aye.

 8                (Response of "Aye.")

 9                ACTING PRESIDENT SAVINO:   Opposed, 

10   nay.

11                (No response.)

12                ACTING PRESIDENT SAVINO:   The 

13   nomination is confirmed of William T. Gettman, 

14   Jr., as member and chair of the Justice Center 

15   Advisory Council.

16                The Secretary will continue to read.

17                THE SECRETARY:   As members of the 

18   Justice Center Advisory Council:  Michael Arsham, 

19   of New York; Mary E. Bonsignore, of the Bronx; 

20   Norwig Debye-Saxinger, of Kinderhook; Eva S. 

21   Dech, of Albany; S. Earl Eichelberger, of 

22   Guilderland; Denise A. Figueroa, of Cohoes; 

23   Shirley B. Flowers, of Brooklyn; Lisa Gerbasi 

24   Goring, of Manhasset; Tanya L. Hernandez, of 

25   Buffalo; Gabrielle Horowitz-Prisco, of Brooklyn; 


                                                               3804

 1   Leslie A. Hulbert, of Victor; Walter J. Joseph, 

 2   Jr., of Rhinebeck; Alfred H. Kingon, of 

 3   Bronxville; Jeremy E. Klemanski, of Clay; David 

 4   Allen Lamphere, of Albany; Ronald S. Lehrer, of 

 5   Poughkeepsie; Belinda Lerner, of Long Island 

 6   City; Glenn Liebman, of Albany; Delores McFadden, 

 7   of Monroe; Brian P. McLane, of Syracuse; Judith 

 8   A. O'Rourke, of Lackawanna; Clint S. Perrin, of 

 9   Schenectady; Peter Pierri, of New York; Joseph L. 

10   Rich, of Watertown; Harvey B. Rosenthal, of 

11   Greenwich; Scott Salmon, of Tappan; Euphemia 

12   Strauchn-Adams, of Staten Island; Christopher 

13   Tavella, Ph.D., of Putnam Valley; and Robert L. 

14   Weisman, D.O., of Pittsford.

15                ACTING PRESIDENT SAVINO:   Senator 

16   DeFrancisco.

17                SENATOR DeFRANCISCO:   Move the 

18   nominations.

19                ACTING PRESIDENT SAVINO:   Are there 

20   any members wishing to be heard on the 

21   nominations?  

22                Seeing none, the question is on the 

23   nominations of those previously read by the 

24   Secretary.  All those in favor signify by saying 

25   aye.


                                                               3805

 1                (Response of "Aye.")

 2                ACTING PRESIDENT SAVINO:   Opposed, 

 3   nay.

 4                (No response.)

 5                ACTING PRESIDENT SAVINO:   The 

 6   nominations are confirmed.

 7                The Secretary will continue to read.

 8                THE SECRETARY:   As member and chair 

 9   of the Behavioral Services Advisory Council, Paul 

10   N. Samuels, of New York.

11                ACTING PRESIDENT SAVINO:   Senator 

12   DeFrancisco.

13                SENATOR DeFRANCISCO:   Move the 

14   nomination.

15                ACTING PRESIDENT SAVINO:   Any 

16   members wishing to be heard on the nomination?

17                Seeing none, the question is on the 

18   nomination of Paul N. Samuels as member and chair 

19   of the Behavioral Services Advisory Council.  All 

20   those in favor signify by saying aye.

21                (Response of "Aye.")

22                ACTING PRESIDENT SAVINO:   Opposed, 

23   nay.

24                (No response.)

25                ACTING PRESIDENT SAVINO:   The 


                                                               3806

 1   nomination is confirmed.

 2                The Secretary will continue to read.

 3                THE SECRETARY:   As members of the 

 4   Behavioral Services Advisory Council:  Kunsook 

 5   Song Bernstein, Ph.D., of Baldwin; Lieutenant 

 6   Colonel April Critelli, of Glenville; Robert 

 7   Cruz, of New York; Ralph G. Fasano, of Northport; 

 8   William T. Gettman, Jr., of Glenmont; Sharon R. 

 9   Gillette, of Plattsburgh; Jennifer F. Havens, 

10   M.D., of New York; Tino Hernandez, of New York; 

11   John Kastan, Ph.D., of Brooklyn; Maura A. Kelley, 

12   of Buffalo; Scott S. Lavigne, of Penfield; John 

13   D. Lee, of Rochester; Glenn A. Martin, M.D., of 

14   Forest Hills; Michael N. Martin, of North 

15   Tonawanda; Deborah Mayo, of Stony Brook; Howard 

16   P. Meitiner, of Mount Vernon; Grant E. Mitchell, 

17   M.D., of Goldens Bridge; Stephanie Orlando, of 

18   Albany; Andrew S. Roberts, of New York; James P. 

19   Scordo, of Watertown; Euphemia Strauchn-Adams, of 

20   Staten Island; and Patrice Wallace-Moore, of 

21   Mount Vernon.

22                SENATOR DeFRANCISCO:   Move the 

23   nominations.

24                ACTING PRESIDENT SAVINO:   Thank 

25   you.  


                                                               3807

 1                Any members wishing to be heard on 

 2   the nominations?  

 3                Seeing none, the question is on the 

 4   nominations as read by the Secretary.  All those 

 5   in favor signify by saying aye.

 6                (Response of "Aye.")

 7                ACTING PRESIDENT SAVINO:   Opposed, 

 8   nay.

 9                (No response.)

10                ACTING PRESIDENT SAVINO:   The 

11   nominations are confirmed.

12                The Secretary will continue to read.

13                THE SECRETARY:   As member of the 

14   Behavioral Services Advisory Council, Katherine 

15   Breslin, of Saratoga Springs.

16                SENATOR DeFRANCISCO:   Move the 

17   nomination.

18                ACTING PRESIDENT SAVINO:   Senator 

19   Breslin.

20                SENATOR BRESLIN:   Thank you, Madam 

21   President.  

22                I request permission to abstain from 

23   the vote on Katherine Breslin to eliminate any 

24   potential conflicts of interest.

25                ACTING PRESIDENT SAVINO:   So 


                                                               3808

 1   ordered.

 2                The question is on the nomination of 

 3   Kate Breslin, of Saratoga Springs, as a member of 

 4   the Behavioral Services Advisory Council.  All 

 5   those in favor signify by saying aye.

 6                (Response of "Aye.")

 7                ACTING PRESIDENT SAVINO:   Opposed, 

 8   nay.

 9                (No response.)

10                ACTING PRESIDENT SAVINO:   The 

11   nomination is confirmed.

12                The Secretary will continue to read.

13                THE SECRETARY:   As member and vice 

14   chair of the Workers' Compensation Board, Frances 

15   M. Libous, of Binghamton.

16                ACTING PRESIDENT SAVINO:   Senator 

17   Libous.

18                SENATOR LIBOUS:   Madam President, I 

19   would ask that the record reflect that I have 

20   abstained from voting on this nomination.

21                ACTING PRESIDENT SAVINO:   The 

22   record will so reflect.

23                Senator DeFrancisco.

24                SENATOR DeFRANCISCO:   I move the 

25   nomination.  


                                                               3809

 1                I know Fran; she's been on the 

 2   Workers' Compensation Board for many years, doing 

 3   a wonderful job.  Not only is she deserving of 

 4   that, she's deserving of direct admittance to 

 5   heaven, having been married to Tom Libous for so 

 6   many years.  

 7                I move the nomination.

 8                (Laughter.)

 9                ACTING PRESIDENT SAVINO:   Senator 

10   Diaz.

11                SENATOR DIAZ:   I'm standing to tell 

12   you that I proudly second that nomination.

13                ACTING PRESIDENT SAVINO:   Thank 

14   you.

15                Are there any other members wishing 

16   to be heard on the nomination of Frances M. 

17   Libous as a member and vice chair of the Workers' 

18   Compensation Board?  

19                Seeing none, all those in favor 

20   signify by saying aye.

21                (Response of "Aye.")

22                ACTING PRESIDENT SAVINO:   Opposed, 

23   nay.

24                (No response.)

25                ACTING PRESIDENT SAVINO:   The 


                                                               3810

 1   nomination is confirmed.

 2                Senator DeFrancisco, that completes 

 3   the report of the Finance Committee.

 4                SENATOR DeFRANCISCO:   Thank you for 

 5   that.

 6                Senator Libous.

 7                SENATOR LIBOUS:   Madam President, 

 8   is there any further business at the desk at this 

 9   time?  

10                ACTING PRESIDENT SAVINO:   There is 

11   no further business at the desk other than the 

12   signing of the nominations.

13                SENATOR LIBOUS:   If there's no 

14   further business, Madam President, I move that 

15   the Senate adjourn until tomorrow, Thursday, 

16   June 20th, at 11:00 a.m.

17                ACTING PRESIDENT SAVINO:   There 

18   being no further business, the Senate stands 

19   adjourned until tomorrow, June 20th, at 

20   11:00 a.m.

21                (Whereupon, at 7:25 p.m., the Senate 

22   adjourned.)

23

24

25