Regular Session - March 17, 2015

                                                                   937

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 17, 2015

11                     3:22 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR TERRENCE P. MURPHY, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               938

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

 2                ACTING PRESIDENT MURPHY:   Posting 

 3   of the Color Guard.  

 4                (The Color Guard entered the Senate 

 5   chamber and presented colors before the dais.)

 6                ACTING PRESIDENT MURPHY:   The 

 7   Senate will come to order.  

 8                I ask everyone present to please 

 9   rise and repeat with me the Pledge of 

10   Allegiance.

11                (Whereupon, the assemblage recited 

12   the Pledge of Allegiance to the Flag.)

13                (The Color Guard marched to the 

14   rear double doors and exited the chamber.)

15                ACTING PRESIDENT MURPHY:   Today we 

16   are joined by Reverend Andrew Nunez, senior 

17   pastor of Believers Mennonite Garifuna 

18   Ministries, from the Bronx.  He will give our 

19   invocation.  

20                REVEREND NUNEZ:   Eternal God, the 

21   Creator of this universe, the God that loves us 

22   and cares for us, Lord, we thank You for 

23   bringing us here together to give You honor and 

24   give You glory and to recognize Your presence in 

25   our celebration today.


                                                               939

 1                We thank You.  And bless every 

 2   Senator and every congregation and every 

 3   community that they represent.  {In Garifuna.}  

 4                May God bless you.  Amen.

 5                ACTING PRESIDENT MURPHY:   Thank 

 6   you, Pastor Nunez.

 7                We'll have the reading of the 

 8   Journal.

 9                THE SECRETARY:   In Senate, Monday, 

10   March 16th, the Senate met pursuant to 

11   adjournment.  The Journal of Sunday, March 15th, 

12   was read and approved.  On motion, Senate 

13   adjourned.

14                ACTING PRESIDENT MURPHY:   Without 

15   objection, the Journal stands approved as read.

16                Presentation of petitions.

17                Messages from the Assembly.  

18                Messages from the Governor.

19                Reports of standing committees.

20                Reports of select committees.

21                Communications and reports from 

22   state officers.

23                Motions and resolutions.

24                Floor Leader, Senator Libous.

25                SENATOR LIBOUS:   Mr. President, 


                                                               940

 1   thank you.

 2                I'd like to adopt the Resolution 

 3   Calendar, with the exception of Resolution 936, 

 4   by Senator Díaz; 976, by Senator Serrano; and 

 5   986, by Senator Stewart-Cousins.  If we could 

 6   have those not passed at this time but do the 

 7   entire Resolution Calendar at this time.

 8                ACTING PRESIDENT MURPHY:   All in 

 9   favor of adopting the Resolution Calendar with 

10   the exception of Resolutions 936, 976, and 986, 

11   signify by saying aye.

12                (Response of "Aye.")

13                ACTING PRESIDENT MURPHY:   Opposed, 

14   nay.

15                (No response.)

16                ACTING PRESIDENT MURPHY:   The 

17   Resolution Calendar is adopted.

18                Floor Leader.

19                SENATOR LIBOUS:   Thank you, 

20   Mr. President.

21                At this time could we take up a 

22   previously adopted resolution by Senator Ritchie.  

23   It would be 833.  I'd like it read in its 

24   entirety.  I would then call on Senator Skelos 

25   and then Senator Ritchie to speak on the 


                                                               941

 1   resolution.

 2                ACTING PRESIDENT MURPHY:   The 

 3   Secretary will read.

 4                THE SECRETARY:   Legislative 

 5   Resolution Number 833, by Senator Ritchie, 

 6   memorializing Governor Andrew M. Cuomo to 

 7   proclaim March 17, 2015, as 10th Mountain 

 8   Division and Fort Drum Day in the State of 

 9   New York.  

10                "WHEREAS, Fort Drum is located in 

11   Jefferson County, in Northern New York, and is 

12   the largest military installation in the 

13   Northeastern United States; and 

14                "WHEREAS, Fort Drum is named for  

15   Lieutenant General Hugh Drum, a decorated  

16   national hero, former commander of First Army, 

17   and an early leader of the state's own volunteer 

18   militia, the New York Guard; and 

19                "WHEREAS, For 30 years, Fort Drum 

20   has been home to the United States Army's storied 

21   10th Mountain Division; and 

22                "WHEREAS, The 10th Mountain Division 

23   includes the Army's most deployed combat units, 

24   serving with honor, distinction and great 

25   sacrifice as a part of Operation Enduring Freedom 


                                                               942

 1   and other actions central to our nation's 

 2   response to the terrorist attacks of 

 3   September 11, 2001; and 

 4                "WHEREAS, Elements of the 10th 

 5   Mountain Division, based at Fort Drum in New York 

 6   State, were first to be deployed in the aftermath 

 7   of those attacks and, 13 years later, the last 

 8   units to return from combat duty, so for the 

 9   first time in more than a decade, nearly all of 

10   Fort Drum's soldiers and officers are back at 

11   home in New York State; and 

12                "WHEREAS, 323 brave men and women 

13   who were members of the 10th Mountain Division 

14   and based at Fort Drum gave their lives in the 

15   cause of defeating global terrorism; and 

16                "WHEREAS, The distinguished service 

17   of units posted to Fort Drum has been celebrated  

18   by Presidents, members of Congress, and members 

19   of the international community; and 

20                "WHEREAS, In addition to its vital 

21   role in our nation's defense, Fort Drum is the 

22   largest single-site employer in the State of 

23   New York, and an economic engine for the state 

24   and region, with a direct impact of more than 

25   $1.2 billion in 2014 and more than $20 billion 


                                                               943

 1   since the reactivation of the 10th Mountain 

 2   Division at Fort Drum; and 

 3                "WHEREAS, The 18,000 soldiers and 

 4   officers of Fort Drum, and their families, are an 

 5   integral part of the community and are welcomed 

 6   as neighbors, coworkers, classmates, friends and 

 7   fellow New Yorkers; and   

 8                "WHEREAS, The Army command is 

 9   presently reviewing the status of military 

10   facilities around the globe and will soon make  

11   recommendations which will impact the future of 

12   Fort Drum and surrounding communities; and 

13                "WHEREAS, It is the sense of this  

14   Legislative Body to salute the soldiers and 

15   officers of the 10th Mountain Division, to honor 

16   their dedication to preserving our freedom, and 

17   our nation, and to recognize their individual and 

18   collective contributions to our communities and 

19   to New York State; and 

20                "WHEREAS, Fort Drum has and will 

21   continue to play an important and essential role 

22   in ensuring our nation's military readiness to 

23   defend our state and Nation against hostility and 

24   threats to our safety and national security; now, 

25   therefore, be it 


                                                               944

 1                "RESOLVED, That this Legislative 

 2   Body pause in its deliberations to memorialize 

 3   Governor Andrew M. Cuomo to proclaim March 17, 

 4   2015, as 10th Mountain Division and Fort Drum Day 

 5   in the State of New York; and be it further 

 6                "RESOLVED, That copies of this 

 7   resolution, suitably engrossed, be transmitted to 

 8   the Honorable Andrew M. Cuomo, Governor of the  

 9   State of New  York, Major General Stephen J. 

10   Townsend, Commanding General of Fort Drum, the 

11   10th Mountain Division, the Honorable John M. 

12   McHugh, Secretary of the Army, and members of 

13   Congress representing the State of New York."

14                ACTING PRESIDENT MURPHY:   I will 

15   now call on Senator Skelos.

16                SENATOR SKELOS:   Thank you very 

17   much, Mr. President.  And congratulating you on I 

18   think presiding for the first time.

19                ACTING PRESIDENT MURPHY:   Thank 

20   you.

21                SENATOR SKELOS:   And as Senator 

22   Terrence Murphy, also wishing you a 

23   Happy St. Patrick's Day, and to all of you.

24                ACTING PRESIDENT MURPHY:   Thank you 

25   very much, Senator.


                                                               945

 1                SENATOR SKELOS:   We are truly 

 2   honored today to have the commanding general of 

 3   the 10th Mountain Division, Major General Stephen 

 4   Townsend, visiting with us today, along with 

 5   several of his service colleagues from Fort Drum.  

 6                I had the opportunity to chat with 

 7   the general earlier.  He reminded me that he was 

 8   here two years ago, and last year that he was in 

 9   Afghanistan.  He also indicated "better in Albany 

10   than in Afghanistan," and I think we can all 

11   appreciate that.

12                I also want to thank Senator Patty 

13   Ritchie for helping to arrange their visit.  

14                She is truly one of your biggest 

15   champions, and for good reason.  The 10th 

16   Mountain Division has an incredible history of 

17   defending our country and fighting for freedom 

18   around the world.  Your presence here reminds us 

19   how lucky we are as Americans to have brave young 

20   men and women dedicating their lives to 

21   protecting us.

22                New York is especially fortunate to 

23   have such an outstanding base located at Fort 

24   Drum.  And now more than ever, it's critical that 

25   our state fights to support you.  Fort Drum plays 


                                                               946

 1   a vital role in our nation's defense and is also 

 2   a significant contributor to our state's economy, 

 3   particularly in the North Country.

 4                I want you to know that the Senate 

 5   supports you and that we are committed to helping 

 6   Fort Drum avoid cutbacks that would threaten the 

 7   future of the base and surrounding communities.  

 8   We appreciate your service and want everyone 

 9   serving at Fort Drum to know how proud we are of 

10   them and of their service.

11                I thank you all for joining us 

12   today.

13                ACTING PRESIDENT MURPHY:   Thank 

14   you, Senator Skelos.

15                I'll now call on Senator Ritchie.

16                SENATOR RITCHIE:   Thank you, 

17   Mr. President.  

18                It's an honor to welcome the 

19   10th Mountain Division, led by Commanding General 

20   Stephen Townsend.  

21                Today we are recognizing Fort Drum, 

22   the largest military installation in the 

23   Northeast United States.  It's our state's 

24   largest single-site employer, with 18,000 

25   soldiers and more than 3,000 civilian employees, 


                                                               947

 1   home to the Army's most deployed combat unit.  

 2                It was exactly 30 years ago when the 

 3   10th Mountain Division arrived at Fort Drum.  At 

 4   that time sitting in my chair was Senator John 

 5   McHugh, who is now the Secretary of the Army.  

 6   Since then, Fort Drum has grown, along with the 

 7   entire North Country community around it, with 

 8   new schools, hospitals, housing, infrastructure, 

 9   new businesses and jobs that support our troops 

10   and their families.  

11                We are proud of Fort Drum's past.  

12   But Fort Drum Day is also a chance to look to the 

13   future.  Later this week Army brass will be at 

14   Drum to listen to the public's comments on the 

15   plan, a plan that will reduce America's fighting 

16   forces to pre-World War II levels.  At Fort Drum 

17   this could mean a reduction of as much as 

18   95 percent.

19                I will be at the listening session, 

20   and I will share with the Army the resolution we 

21   just heard.  I will tell them that we in the 

22   Senate are proud to have supported Fort Drum's 

23   growth, and about our commitment to the post's 

24   future.  I will tell them about the laws we have 

25   passed in a bipartisan fashion to support our 


                                                               948

 1   troops and our veterans, and I will tell them 

 2   about the special place that Fort Drum soldiers 

 3   hold in the hearts of all New Yorkers, a bond 

 4   that was forged after September 11th when the 

 5   10th Mountain Division, soldiers from New York's 

 6   own Fort Drum, were the Army's first to deploy in 

 7   the global war on terrorism, and how these brave 

 8   men and women are preparing right now to respond 

 9   once again to defend our nation from more 

10   dangerous threats that are growing around all 

11   around us every single day.  

12                To General Townsend and your troops 

13   who are assembled here today, you should know 

14   that we stand behind you.  I want to thank you 

15   for being here and thank you for your service.  

16                Among those that are in the chamber 

17   today are three New Yorkers:  Sergeant Jacob 

18   Guimond, from Plattsburgh; Private First Class 

19   Tyler Sealey, from North Syracuse; Lieutenant 

20   Colonel TJ Rainsford, from Trumansburg.  We are 

21   also joined by my good friend -- is he still 

22   behind me -- Senator Jim Wright, who once also 

23   sat in this chair.  And we're also joined by 

24   Brigadier General Mike Sweezey.  

25                In the gallery we are joined by 


                                                               949

 1   Anthony Pieggi.  Anthony is here representing 

 2   Congresswoman Elise Stefanik.  We certainly 

 3   appreciate the Congresswoman's support to our 

 4   troops and also for Fort Drum.  Anthony, thank 

 5   you for being here.  

 6                And we also are joined with 

 7   representatives from our local community who are 

 8   out working each and every day helping make sure 

 9   that we support the troops and making their lives 

10   as good as possible for them when they're home 

11   and also their families when their loved ones are 

12   away.  Those individuals have been here all day 

13   educating us so we know what Fort Drum really 

14   means to all of us.  

15                I want to take a moment to thank our 

16   leader, Senator Skelos, along with Senator Klein 

17   and Senator Stewart-Cousins, for meeting with the 

18   General this afternoon.

19                I also want to thank our military 

20   veterans who serve in the Senate, especially 

21   Colonel Senator Larkin -- we would be remiss if 

22   we didn't single you out -- and each and every 

23   one of my colleagues for the support you have 

24   shown our military, our veterans, and also 

25   Fort Drum.  


                                                               950

 1                In closing, I just want to take a 

 2   moment to mention the challenge coins that are on 

 3   your desks.  Challenge coins date back to ancient 

 4   Roman legions.  In today's Army, they are usually 

 5   presented by commanders to signify a specific 

 6   achievement.  I was presented the coin by the 

 7   Commanding General Mark Milley, who was here at 

 8   our first Fort Drum Day, after being elected to 

 9   the Senate.  The General told me I had completed 

10   one challenge, and now the challenge was to 

11   represent my constituents.  And that's what I'm 

12   doing here today.

13                I'm presenting each one of you with 

14   a challenge coin to honor our soldiers and also 

15   to thank you for stepping up and standing with me 

16   to help protect Fort Drum.  

17                Thank you, Mr. President.

18                ACTING PRESIDENT MURPHY:   Thank 

19   you, Senator Ritchie.

20                Senator Little.

21                SENATOR LITTLE:   Thank you, 

22   Mr. President.  

23                I too would like to welcome General 

24   Townsend and all of our military people who are 

25   here today.  And I'm very proud to recognize 


                                                               951

 1   Sergeant Guimond, who is from Plattsburgh, 

 2   New York, and proud to represent him and know of 

 3   his service.  

 4                I'd also like to recognize the fact 

 5   that Senator Ritchie is the one who began this 

 6   Fort Drum Day and helps us all understand the 

 7   meaning of Fort Drum and its importance to 

 8   New York State, as well as the importance of the 

 9   10th Mountain division and what their role has 

10   been in the last years.

11                They have really borne the brunt of 

12   the service in Afghanistan and Iraq and have lost 

13   many members.  But these are men and women who do 

14   not hesitate to put themselves in harm's way, and 

15   we're all fortunate to have them among us and 

16   really honored to be in their presence here 

17   today.

18                So thank you for being with us, and 

19   thank you to Senator Ritchie and Senator Skelos 

20   for allowing us to have a Fort Drum Day here.  

21                Thank you.

22                ACTING PRESIDENT MURPHY:   Thank 

23   you, Senator Little.

24                Senator Libous.

25                SENATOR LIBOUS:   Thank you, 


                                                               952

 1   Mr. President.

 2                At this time I would ask that we 

 3   would allow, by unanimous consent, Major General 

 4   Stephen Townsend to address the body.  And then, 

 5   after his remarks, we would let other members who 

 6   want to speak on the resolution to stand and 

 7   speak on the resolution while it's still open on 

 8   the floor.  

 9                So, Mr. President, at this time 

10   could we hear from Major General Stephen 

11   Townsend.

12                ACTING PRESIDENT MURPHY:   General?  

13   Right up here, sir.

14                MAJOR GENERAL TOWNSEND:   Good 

15   afternoon, and Happy St. Paddy's Day.  Oh, 

16   there's got to be more energy here than that.  

17   Happy St. Paddy's Day!  

18                (Laughter; applause.) 

19                MAJOR GENERAL TOWNSEND:   I'm a 

20   general.  When I say "good afternoon," you all 

21   say "good afternoon" back.

22                (Laughter.)

23                MAJOR GENERAL TOWNSEND:   Today 

24   we're all Irishmen, right?  And we're also all 

25   members of Fort Drum and the 10th Mountain 


                                                               953

 1   Division here today.

 2                UNIDENTIFIED MEMBER:   Yes, sir.

 3                MAJOR GENERAL TOWNSEND:   So thank 

 4   you, Mr. President, Senators Skelos and Klein, 

 5   Stewart-Cousins, and Senator Ritchie and all of 

 6   you who are here today.  Thanks for inviting all 

 7   of us down here today for Fort Drum Day.  

 8                On behalf of the almost 

 9   20,000 soldiers of the 10th Mountain Division and 

10   Fort Drum, thanks for allowing us this 

11   opportunity to address this gathering to provide 

12   you with an update on your 10th Mountain 

13   Division.  

14                But first, before I go into that, a 

15   few words of thank to Senator Ritchie and her 

16   staff.  Thanks again for making this possible for 

17   now four years in a row.  And I think it's a 

18   thing we ought to sustain.  

19                To all the veterans who are here 

20   today out of uniform -- it's easy to see those of 

21   us in uniform, but I know there are many veterans 

22   here today out of uniform -- thank you for your 

23   service and the support that you've given to our 

24   nation and this next Greatest Generation of 

25   Americans who are protecting our nation today.  


                                                               954

 1                To the friends, families and 

 2   supporters of the 10th Mountain Division, without 

 3   you it would make what our soldiers do at 

 4   Fort Drum and overseas that much more difficult.  

 5                As you've heard, last year at this 

 6   time I was with our division headquarters and 

 7   other elements of the 10th Mountain Division in 

 8   Afghanistan.  This was, for the division 

 9   headquarters, the sixth deployment since 2001.  

10   Five of those deployments were in Afghanistan.  

11   Over the last 18 months, the entire 10th Mountain 

12   Division was deployed to Afghanistan.  Those 

13   deployments started in 2013 and ended right at 

14   the end of 2014, with our headquarters being one 

15   of the last elements to come back home.  

16                Personally, I thought this was a 

17   fitting end to Operation Enduring Freedom.  We've 

18   concluded U.S.-led combat operations in 

19   Afghanistan.  The 10th Mountain Division was the 

20   first Army division to deploy to Afghanistan in 

21   2001, and it was fitting, I thought, that we were 

22   the last U.S. division conducting combat 

23   operations in Afghanistan in 2014 as we brought 

24   Operation Enduring Freedom to a close.  

25                All of our brigades have deployed 


                                                               955

 1   multiple times during this war.  As I speak to 

 2   you today, however, the 10th Mountain Division 

 3   finds itself at home, all at the same time, for 

 4   one of the few times in the past 14 years.  

 5                But even as I say that, there's 

 6   still about 70 soldiers deployed overseas.  So 

 7   even when we're all back, we're never really all 

 8   back.  We still have small units and individuals 

 9   today supporting operations around the world, not 

10   only in Afghanistan but also in the Sinai, 

11   Kosovo, Central America, Europe and the 

12   Middle East.  

13                Today our soldiers continue to 

14   conduct tough and realistic training for any 

15   possible mission that our nation may call on us 

16   to perform.  One very important reason that we're 

17   able to conduct this kind of training is the 

18   fantastic facilities and training areas that we 

19   have available to us at Fort Drum.  Fort Drum is 

20   one of the few places in our Army, with Alaska 

21   being really the only other one, where we can 

22   conduct extreme cold weather training.  

23                New York's North Country breeds 

24   tough people, and it also breeds tough soldiers 

25   too.  The past two winters have definitely proved 


                                                               956

 1   that.  Our Army needs to maintain that expertise, 

 2   and Fort Drum will allow our Army to do just 

 3   that.  

 4                A great example of our capabilities 

 5   occurred during the blizzards of this past 

 6   January.  Our 1st Brigade combat team was 

 7   deploying from our air field at Fort Drum on a 

 8   major training exercise in Louisiana.  The 

 9   conditions were so bad that the Governor shut 

10   down the interstate here in New York.  But we 

11   still deployed soldiers from our air field.  

12   Other bases in America were closing because they 

13   might get snow; we were launching planeloads of 

14   troops in the middle of a blizzard.  That's what 

15   your Fort Drum can do.  

16                Another important reason we're so 

17   well-prepared to answer the nation's call is 

18   because of the superb support we get from our 

19   North Country neighbors.  While most Army posts 

20   have their own hospitals, Fort Drum does not.  We 

21   rely on the local community for almost all of our 

22   healthcare.  

23                We don't house all of our troops and 

24   families.  About 60 percent of our married 

25   soldiers live off-base in the community.  


                                                               957

 1                Most Army bases have schools for 

 2   their children; Fort Drum does not.  Our kids go 

 3   to school with the other children in the North 

 4   Country community.  In fact, this year's New York 

 5   State championship football team from Indian 

 6   River High School was comprised of over half 

 7   military dependents.  

 8                New York's 10th Mountain Division is 

 9   good for New York, this state.  Our base brings 

10   right at $1.3 billion to the region in direct 

11   economic contributions.  Eighty percent of that 

12   $1.3 billion is payroll.  It's coming from our 

13   soldiers' paychecks, and it's mostly being spent 

14   in the local economy.  

15                The federal government adds almost 

16   $57 million to the region's healthcare.  The 

17   entire community benefits from that, not just the 

18   soldiers.  The federal government adds 

19   $36 million to the region's schools.  The entire 

20   community benefits from that, not just the 

21   soldiers and the children.  

22                When we deploy overseas, we don't 

23   worry about what's happening on the home front.  

24   I tell folks all the time, when I was deployed 

25   last year to Afghanistan for almost 10 months, I 


                                                               958

 1   never once looked back over my shoulder and 

 2   wondered what was happening at Fort Drum.  I knew 

 3   that our soldiers back there, and our families, 

 4   were going to be well taken care of by the folks 

 5   at Fort Drum and by the North Country community.  

 6                This Friday our community will have 

 7   an opportunity to highlight for the Army these 

 8   special relationships and unique capabilities 

 9   during this community listening session that I 

10   will host.  Fort Drum will be one of the last 

11   Army installations to undergo this process to 

12   hold one of these events.  It will provide an 

13   opportunity for our community and this state to 

14   make sure the Army is properly informed as they 

15   make future decisions about possible troop 

16   reductions.  

17                And make no mistake; if 

18   sequestration stays in effect, there will be 

19   troop reductions on a major scale.  

20                So what does the future look like?  

21   I look around the world and I see commitments for 

22   our armed forces increasing.  I see real threats 

23   in this world.  You only have to look at Iraq and 

24   Syria and the Ukraine and Africa -- I could go 

25   on.  There will be demands for our nation's 


                                                               959

 1   leadership.  

 2                I see these threats in Syria, I see 

 3   these threats in Europe.  I see our continuing 

 4   campaign in Afghanistan.  Just a few weeks ago, 

 5   the Army announced that our 2nd Brigade would 

 6   deploy to Afghanistan this summer.  Other 

 7   elements of our division continue to prepare for 

 8   other future missions.  The bottom line is your 

 9   division at Fort Drum will continue to be very 

10   involved in Afghanistan and around the world.  

11                I also think there's some risks.  As 

12   I stand before you today, the biggest risk I can 

13   think of is sequestration.  Over the last three 

14   years, the active Army has dropped about 80,000 

15   soldiers, to 490,000 by the end of this year.  

16   And I think that's appropriate; we had grown to 

17   meet the demands of the war, and those demands 

18   now are less.  Our current glide path is going to 

19   take us to a force, an Army of about 450,000.  I 

20   think Secretary McHugh, if he were here, would 

21   tell you that that's probably the number that can 

22   just meet our national security strategy.  

23                So I'm concerned about how we're 

24   investing in our nation's defense.  With the 

25   return of sequestration, Army planners are 


                                                               960

 1   already saying we'll have to go to 420,000, maybe 

 2   lower.  Some of the numbers that are being tossed 

 3   about would make us smaller than we were before 

 4   Pearl Harbor in 1941.  That's what worries me.  

 5                I'd like to close by saying 

 6   Fort Drum and its soldiers continue to feel the 

 7   support not only of our local community but also 

 8   from the State of New York as a whole.  

 9                I would be remiss if I did not thank 

10   the Governor for his recently announced pledge of 

11   $1.5 million to increase Fort Drum's buffer zone 

12   and $25 million for improvements to the state's 

13   road infrastructure around the base.  This is the 

14   signal I think you send to the Army; you're 

15   putting your money where it matters.  I commend 

16   you all for that.  

17                Many among you have been vocal 

18   supporters of Fort Drum and the 10th Mountain 

19   Division as the Army looks for ways to downsize.  

20   But rest assured, your support and your gestures 

21   and your thanks don't go unnoticed or 

22   unappreciated.  

23                Next week I'll be relinquishing 

24   command of this great division and bid farewell 

25   to Fort Drum and the North Country.  I'd like to 


                                                               961

 1   personally thank New York for all of its support 

 2   during my three tours at Fort Drum.  As an 

 3   honorary New Yorker, I also have the Governor to 

 4   thank for that distinction.  I can honestly say 

 5   that my wife Melissa and I will certainly miss 

 6   Fort Drum, the North Country, and the great State 

 7   of New York.  

 8                Ladies and gentlemen, once again, 

 9   thank you for this opportunity to address this 

10   assembly.  Please remember in your thoughts and 

11   prayers America's sons and daughters still 

12   deployed in harm's way around the world, standing 

13   watch on the walls at night so we can sleep 

14   peacefully in our beds, preserving our freedom 

15   and our way of life.  

16                Climb to glory!  

17                Thank you.

18                (Extended standing ovation.)

19                ACTING PRESIDENT MURPHY:   General 

20   Townsend and Fort Drum, our wishes are with you.  

21   Thank you for your dedication and service.  We 

22   appreciate it.

23                Senator DeFrancisco.

24                SENATOR DeFRANCISCO:   You know, 

25   this political business is sometimes very 


                                                               962

 1   frustrating, and I'm sure more frustrating for 

 2   the people who serve in the military.  Because if 

 3   you looked at something like we're going through 

 4   now -- the reduction in forces, decisions about 

 5   bases -- you would think that the basis for 

 6   determining where the reductions are, what 

 7   bases are downsized would be one based on merit, 

 8   as opposed to the politics of Washington or the 

 9   politics of Albany, in some cases.

10                But unfortunately, it isn't.  The 

11   fact of the matter is that if the government 

12   decided these things on merit, what group of 

13   individuals, other than the 10th Mountain 

14   Division, have proven their worth to this 

15   country?  What has done more for this country 

16   than the 10th Mountain Division?  For 14 years, 

17   where everybody that was stationed there went 

18   overseas for at least one, usually more than one 

19   tour of duty.  The sacrifices that they made, and 

20   of their family -- and the successes they have 

21   had -- are amazing.  

22                So my thought would be this, that 

23   every person in this chamber should be contacting 

24   their Senators and their Congress representatives 

25   and making a cogent, strong argument based on 


                                                               963

 1   merit where we retain the 10th Mountain Division, 

 2   keep that wonderful base active in the 

 3   North Country, and make sure that we repay them 

 4   and are telling them that we know you deserve 

 5   this based on merit and we're all going to be 

 6   behind you.

 7                Thank you, Mr. President.

 8                ACTING PRESIDENT MURPHY:   Thank 

 9   you.

10                Senator Larkin.

11                SENATOR LARKIN:   Thank you, 

12   Mr. President.  

13                You know, those of you who were 

14   around today when some of the discussions were 

15   going on about the 10th, every time you heard 

16   General Townsend speak, you know that he had his 

17   heart, his whole Army heart, for New York.  

18                This is an individual who's had four 

19   trips across the pond.  Those of you who are 

20   wondering, when you look at his right arm -- I 

21   think it's still the right arm; I've been retired 

22   too long, General -- each one of those slashes 

23   means six months in combat.  That's four years.  

24                This is a man that went to Fort Drum 

25   two years ago and never -- every time you talked 


                                                               964

 1   to Patty Ritchie, she would say the Army is 

 2   pounding away to make Fort Drum something we all 

 3   can be proud of.

 4                And we all should be very proud of 

 5   Patty Ritchie, because she brought this to our 

 6   attention and how important this was to New York.  

 7   And I know for a fact that somebody who used to 

 8   have a seat in this house, she's called him.  

 9   When I talked to McHugh last week, he said, "Tell 

10   Patty Ritchie I'm going to charge her telephone 

11   costs."  That's the heart and soul of the people 

12   from the North Country.

13                But you know, when you start to 

14   think of 19,000 troops, there's not a state in 

15   this union that wouldn't strive to get it.  But 

16   each and every one of us have an obligation.  

17   Every one of us know our Congressman.  If you 

18   don't, shame on you.  And if you don't know our 

19   Senators, shame on you.

20                You write them about federal money 

21   for railroads and this here, about time you sat 

22   down and said "Save Drum."  Because when you save 

23   Drum, you save a lot for the State of New York.  

24   The Army's not going to put people in here unless 

25   they know that the people of the State of 


                                                               965

 1   New York are really behind this.

 2                Look at what Drum has been.  Many of 

 3   us were there when it was Camp Drum.  Then it 

 4   became Fort Drum.  As the General said, their 

 5   children go to local schools, their hospitals are 

 6   used by our people.

 7                But you know, you can talk about 

 8   leaders.  But if you don't have a leader who has 

 9   it in his heart, you don't have a leader.  We're 

10   blessed to have somebody that belongs to the 

11   Army, that belongs to us, has put his heart and 

12   soul.  And he told you today what the issues are.  

13                And this country is not totally safe 

14   as everyone thinks it is.  Our young men and 

15   women are on the line every day.  And unless 

16   you've been in combat and had to write home and 

17   say your son, your daughter was killed today, 

18   you'll never get the real reaction of what it is 

19   all about.

20                General, we're very proud of you.  

21   We thank you very much for your leadership and 

22   trying to save a great military installation for 

23   the great State of New York.  May God bless you 

24   and your troops.

25                (Applause.)


                                                               966

 1                ACTING PRESIDENT MURPHY:   Thank 

 2   you, Senator Larkin.

 3                Senator Marcellino.

 4                SENATOR MARCELLINO:   Thank you, 

 5   Mr. President.

 6                General, let me echo the words of my 

 7   colleagues who just spoke before me.  You have my 

 8   commitment.  I will be on the phone, as soon as 

 9   this session has ended, to my Congresspeople and 

10   my state Senators, my U.S. Senators, both of whom 

11   I know well.

12                And I will be on the phone telling 

13   them that Fort Drum and the 10th Mountain 

14   Division deserve to be kept here in New York and 

15   the North Country.  You've done a hell of a job.  

16   You've always had our back.  Now it's our turn to 

17   have yours, and we do.

18                ACTING PRESIDENT MURPHY:   Thank 

19   you, Senator Marcellino.

20                Senator Farley.

21                SENATOR FARLEY:   Thank you, 

22   Mr. President.  

23                You know, as somebody that grew up 

24   in Watertown and is very familiar with Fort Drum 

25   and the area, I want to thank the General and the 


                                                               967

 1   Fort Drum family that are here and thank them for 

 2   their service.  We deeply appreciate it.

 3                But I'm speaking to everybody in 

 4   this room and everybody in the gallery.  It is so 

 5   important that we keep this facility in New York 

 6   State.  Because $1.3 billion in revenue that it 

 7   brings to New York State, the largest employer in 

 8   this state, and it would be devastating to this 

 9   area and to this state should it be diminished.

10                And also, that 10th Mountain 

11   Division, the most renowned fighting force I 

12   think that this nation has ever seen.  Everything 

13   that they've done, they've done well.  And they 

14   certainly are a credit to this state and to 

15   Fort Drum.

16                But I think we all should be alert 

17   to the fact that we have to save Fort Drum.  

18   Contact your Congressperson, contact your 

19   Senators and so forth.  Everybody, and that 

20   includes the people in the gallery.  Because 

21   Fort Drum is a huge asset to this state and 

22   something that is needed for our country.

23                As the General said, we are in 

24   perilous times, to say the least.  The trouble 

25   that is going around the world, we're going to 


                                                               968

 1   need a fighting force.  And we've got one, we 

 2   can't diminish it.  

 3                And I wish everybody well, and thank 

 4   you for visiting us again.

 5                ACTING PRESIDENT MURPHY:   Thank 

 6   you, Senator Farley.

 7                Senator Libous.

 8                SENATOR LIBOUS:   At this time, 

 9   Mr. President, I'd like to open up the resolution 

10   to all members.  And as the policy goes, if 

11   someone chooses not to be on the resolution, 

12   please let the desk know.  Otherwise everybody's 

13   name will be posted to the resolution.

14                ACTING PRESIDENT MURPHY:   So 

15   ordered.

16                Senator Libous.

17                SENATOR LIBOUS:   Mr. President, at 

18   this time I believe there's a report of the 

19   Judiciary Committee at the desk.  And could we 

20   have that report read for the Court of Claims 

21   nominations at this time.  

22                ACTING PRESIDENT MURPHY:   The 

23   Secretary will read.

24                THE SECRETARY:   Senator Bonacic, 

25   from the Committee on Judiciary, reports the 


                                                               969

 1   following nominations for judges of the Court of 

 2   Claims:  

 3                Gerald W. Connolly, Jr., of 

 4   Watervliet; 

 5                Daniel P. Conviser, of New York 

 6   City; 

 7                Matthew J. D'Emic, of Brooklyn; 

 8                Walter Brooks DeBow, of Saratoga 

 9   Springs; 

10                Vincent M. DelGiudice, of Staten 

11   Island; 

12                Jeffrey A. Goodstein, of Rockville 

13   Centre; 

14                Richard C. Kloch, Sr., of North 

15   Tonawanda; 

16                Lawrence K. Marks, of Port 

17   Washington; 

18                Christopher J. McCarthy, of Delmar; 

19                Kimberly A. O'Connor, of 

20   Guilderland; 

21                Richard M. Platkin, of Glenmont; 

22                Stephen J. Rooney, of Staten Island; 

23                Catherine C. Schaewe, of Vestal; 

24                Timothy J. Walker, of Eden; and 

25                Henry F. Zwack, of Stephentown.


                                                               970

 1                ACTING PRESIDENT MURPHY:   Senator 

 2   Bonacic.

 3                SENATOR BONACIC:   Thank you, 

 4   Mr. President.

 5                Approximately two weeks ago, 

 6   Governor Cuomo sent us 27 Court of Claims judges 

 7   to be reconfirmed.  Because of the large bulk, 

 8   we're doing 15 today.  

 9                And all of these judges are 

10   incumbents.  They have served the state in an 

11   exemplary way, with proper temperament.  They 

12   have gone through the Governor's judicial 

13   screening committee, and they have been put forth 

14   by the Governor to this body.

15                And I want to thank the Governor for 

16   putting forth these judges that have done a good 

17   job while they have served on the Court of 

18   Claims, and deserve to continue.

19                Now, earlier today the Senate 

20   Judiciary Committee met and considered the 

21   reappointment of 15 judges to the Court of 

22   Claims.  The judges are joining us in the gallery 

23   today, many with friends and family members.  

24                And pursuant to the provisions of 

25   Section 9 of Article VI of the Constitution, and 


                                                               971

 1   the provisions of Section 2 of the Court of 

 2   Claims Act, the Judiciary Committee has reported 

 3   all of the nominations to the floor.

 4                I will introduce the judges, their 

 5   friends and family in attendance today.  And when 

 6   I am done, I will invite any Senator who wishes 

 7   to speak on any of the nominees to do so.

 8                So let me start.  The first judge is 

 9   the Honorable Judge Gerald W. Connolly.  He's 

10   here with his bride Tricia; his daughter Casey; 

11   son Christopher; son Sean; Gerald and Ida 

12   Connolly, his parents; Mike Connolly, a brother; 

13   and Steve Connolly, a brother.

14                The second judge is the Honorable 

15   Judge Daniel P. Conviser.  

16                The third is the Honorable Judge 

17   Matthew J. D'Emic.

18                The fourth judge is the Honorable 

19   Walter Brooks DeBow, and he's here with his bride 

20   Andrea; his sons Anderson, Sawyer and Bennett; 

21   and his dad, Tom DeBow.  And he brought his 

22   mother-in-law, Millie Kosier.

23                The next judge is the Honorable 

24   Judge Vincent DelGiudice, and he brought the love 

25   of his life, Catherine Paradiso.  


                                                               972

 1                The next is the Honorable Judge 

 2   Jeffrey A. Goodstein, with his bride Alyce and 

 3   sons Alex and Max.

 4                The next judge is the Honorable 

 5   Richard Kloch, Sr., with his bride Ellie, good 

 6   friend Richard Winter, and another good friend 

 7   who I think we all know, the Honorable George 

 8   Maziarz, former Senator.

 9                The next judge is the Honorable 

10   Judge Lawrence Marks.

11                The next judge is the Honorable 

12   Christopher J. McCarthy, with his bride 

13   Katherine.

14                The next judge is the Honorable 

15   Kimberly A. O'Connor, with her spouse, Tom; 

16   daughter, Lauren; Richard and Dorothy Usas, 

17   parents -- I hope I pronounced that right -- 

18   Justina Cintron Perino, law clerk; and Diane 

19   Deyo, assistant.

20                The next judge is the Honorable 

21   Richard J. Platkin, with his spouse, Laurie 

22   Conway.

23                The next judge, the Honorable 

24   Stephen J. Rooney, with his spouse, Kathryn.

25                The next judge is the Honorable 


                                                               973

 1   Catherine Schaewe.

 2                The next judge is the Honorable 

 3   Timothy J. Walker, with his spouse, DianaRae; 

 4   daughter, Raelynn; son, Joshua; mother-in-law, 

 5   Marie Radtke; friend, Morgan Stevens, girlfriend 

 6   of Joshua Walker; Darryl Colosi, law clerk; 

 7   Angela Colosi, friend and Darryl's wife; and 

 8   Cynthia Cavarella, secretary.

 9                Last but not least is the Honorable 

10   Judge Henry F. Zwack, with his spouse, Laura; 

11   son, Michael; law clerk, Loretta Branigan; 

12   secretary, Joanne Vinter.

13                I'd like to move all these 

14   nominations to the floor for Senate confirmation, 

15   and I now ask you to recognize any speaker who 

16   wishes to speak with respect to these nominees.

17                ACTING PRESIDENT MURPHY:   Thank 

18   you, Senator Bonacic.

19                Senator Skelos.

20                SENATOR SKELOS:   Thank you very 

21   much.  

22                And let me start off by thanking 

23   Senator Bonacic and members of the Judiciary 

24   Committee for their due diligence in moving these 

25   nominations and confirmations on the 


                                                               974

 1   reappointment of these Court of Claims judges.  

 2                Congratulations to all.  

 3                I want to just say hello and 

 4   congratulations to my good friend Jeff Goodstein, 

 5   Judge Jeff Goodstein, from my home community of 

 6   Rockville Centre.  He is an outstanding jurist, a 

 7   dear friend, and certainly deeply involved within 

 8   our community -- a volunteer fireman and so many 

 9   other activities, president of Temple B'nai 

10   Shalom, former president.  

11                So, Jeff, we congratulate you.  And 

12   I want to welcome your wife Alyce and two sons -- 

13   I see them waving somewhere -- Alex and Max.  We 

14   had a great dinner last night, and we appreciate 

15   all of you for being here.

16                So my dear friend Jeff, 

17   congratulations.

18                ACTING PRESIDENT MURPHY:   Thank 

19   you, Senator Skelos.

20                Senator Gianaris.

21                SENATOR GIANARIS:   Thank you, 

22   Mr. President.

23                Among these many fine nominees, I 

24   just wanted to put in a good word for someone 

25   I've known for almost two decades now.  Dan 


                                                               975

 1   Conviser is someone who I worked with before I 

 2   was elected to office as a staffer in the 

 3   Assembly.  He's done tremendous work in public 

 4   service before he was a judge and now as a judge.  

 5   And I would encourage all my colleagues to 

 6   recognize his fine work and approve his 

 7   nomination.  

 8                Thank you.

 9                ACTING PRESIDENT MURPHY:   Thank 

10   you, Senator Gianaris.

11                Senator Golden.

12                SENATOR GOLDEN:   Thank you, 

13   Mr. President.  

14                I rise too to congratulate all of 

15   our judges, all of the great judges that are 

16   being reappointed here today.  It shows how great 

17   this state is, by its jurists.  And they do a 

18   fine and great job here in this great state.

19                But I've got to tell you I'm 

20   pointing out two people that come from my 

21   community.  I had the privilege of growing up 

22   with Matt D'Emic, although he looks a lot younger 

23   than I do.  And if you look at all the awards, he 

24   looks like he's much more popular than I am as 

25   well.


                                                               976

 1                (Laughter.)

 2                SENATOR GOLDEN:  But he's been a 

 3   great judge.  And the funny part about it, he 

 4   worked for Ron Aiello, who was the administrative 

 5   judge back in 1993, and he was the law assistant.  

 6   And today Matt is the administrative judge.

 7                And we're proud of him and his 

 8   family and the great work that he's been able to 

 9   do, working not just as the administrative judge 

10   but his role that he played in domestic violence 

11   and working with mental health, which was 

12   essential in helping our communities across the 

13   County of Kings and across the state as the other 

14   judges have done here.

15                I will tell you that if you look at 

16   the year 1993, 2245 homicides in the City of 

17   New York, you always see the public safety, it's 

18   law enforcement, it's our mayors, our governors 

19   that get a tremendous amount of credit.  But 

20   really a lot was done by you, our judges, in 

21   bringing this state back to where it had to be 

22   and bringing our city back to where it had to be.  

23   And the congratulations goes to all of you.  

24                And Judge DelGiudice, Vinnie, 

25   outstanding job that you've done in creating that 


                                                               977

 1   gun part in the County of Kings.  It was a pilot 

 2   program and today is a greatly successful program 

 3   in many, many parts of the country dealing with 

 4   the gun arrests and gun situations in the County 

 5   of Kings.  And now he sits in Richmond County; I 

 6   lost him to Staten Island.  But a great judge as 

 7   well.

 8                Congratulations to you and your 

 9   families, Judge D'Emic, Judge DelGiudice, and to 

10   all of our judges and to their families.  God 

11   bless and good luck.

12                ACTING PRESIDENT MURPHY:   Thank 

13   you, Senator Golden.

14                Senator Breslin.

15                SENATOR BRESLIN:   Thank you, 

16   Mr. President.  

17                I'll be brief, as the time is 

18   growing late.  I have four judges from the 

19   Capital District I would like to mention.  Each 

20   of them have special qualities, but each of them 

21   share in common a great deal of intelligence, a 

22   great deal of patience and temperance, and also 

23   the performance over the years, and deserve to be 

24   renominated and to be accepted again for another 

25   period of time.


                                                               978

 1                The first is Chris McCarthy.  It's a 

 2   good day for Chris to be renominated, 

 3   St. Patrick's Day.  Chris was the senior counsel 

 4   in Governor Pataki's office, taking on any number 

 5   of issues, including but not limited to insurance 

 6   and banking.  And during that period of time I 

 7   got to be good friends with Chris and later his 

 8   wife, Katherine.  

 9                He's a graduate of Harvard, has a 

10   master's degree from Harvard, a law degree from 

11   Columbia.  And he has all those attributes I 

12   previously mentioned, and very deserving of the 

13   renomination we are doing here today.

14                Secondly, Jerry Connolly.  Jerry 

15   Connolly, who again I've known through the years.  

16   Jerry, another individual worked in Governor 

17   Pataki's office but had the experience of being 

18   an assistant district attorney in Westchester 

19   County.  A graduate of Manhattan and Fordham Law 

20   School, was with the AG's office, was with the 

21   Inspector General, and on.

22                And I might add that each of these 

23   judges, I've chatted with other Supreme Court 

24   judges who have the highest compliments for each 

25   one of them.


                                                               979

 1                On to the third would be Kimberly 

 2   O'Connor, who started with Bob Carney, the 

 3   district attorney in Schenectady, had a wonderful 

 4   career there, but went on to private practice, 

 5   went on to the Division of Criminal Justice, the 

 6   counsel of Criminal Justice, the Inspector 

 7   General's office, and on and on and on.  Has 

 8   taken on, as an acting Supreme Court judge during 

 9   these last number of years, a number of 

10   high-profile cases.  Another candidate who comes 

11   from Governor Pataki's office and comes highly 

12   recommended.

13                Last but not least is Richard 

14   Platkin, who was general counsel to Governor 

15   Pataki.  And Richard is a graduate of RPI, 

16   graduated first in his law school class.  And as 

17   was highlighted, not only did he graduate with a 

18   4.0 index, but it happened to be 4.05, which a 

19   lot of us legislators really had a hard time 

20   wondering about those kinds of achievements, 

21   comparing them to our own.

22                He's done an extraordinary job and 

23   has risen as an acting Supreme Court judge who's 

24   also now head of the Commercial Division in 

25   Albany Supreme Court.


                                                               980

 1                All four I have the highest degree 

 2   of regard for, have done an exemplary job, and 

 3   deserve this renomination.

 4                Thank you, Mr. President.

 5                ACTING PRESIDENT MURPHY:   Thank 

 6   you, Senator Breslin.

 7                Senator Flanagan.

 8                SENATOR FLANAGAN:   Thank you, 

 9   Mr. President.  

10                I was getting a little concerned 

11   there; Senator Breslin was on a roll.  He threw 

12   in Platkin at the end; otherwise, it was going to 

13   be, you know, all Irish for St. Patrick's Day.

14                (Laughter.)

15                SENATOR FLANAGAN:  And I want to add 

16   my voice to Senator Skelos.  While I know Judge 

17   Goodstein is his constituent, and welcome to his 

18   family, I want to just congratulate him because 

19   he's a fellow Touro Law School grad, which makes 

20   me very proud.  

21                And two other quick observations.  

22   Number one, the only person missing in the 

23   gallery is Governor Pataki.  

24                (Laughter.)

25                SENATOR FLANAGAN:   In reality, he 


                                                               981

 1   should be here in some way, shape or form.  But 

 2   obviously he is.  

 3                And just one last quick anecdote 

 4   about Richard Platkin.  Judge Platkin, I will 

 5   tell you that we used to hate people like you in 

 6   law school.

 7                (Laughter.)

 8                SENATOR FLANAGAN:   Generally it 

 9   would take us two semesters to add up to 4.05.  

10                But nonetheless, the one thing I 

11   remember -- and I don't know why this sticks in 

12   my head -- Judge Platkin was really a gentleman 

13   to work with in so many different ways.  But I 

14   remember talking to him about law school, and 

15   this is way before this was even really readily 

16   available, he had a computer.  He had a computer, 

17   and I think he even had a laptop.  It was 

18   probably homemade, but that may be one of the 

19   many reasons why he became valedictorian.  So 

20   that stuck in my mind.  

21                But congratulations to everybody, 

22   Judge Goodstein as well.

23                ACTING PRESIDENT MURPHY:   Thank 

24   you, Senator Flanagan.

25                Senator DeFrancisco.


                                                               982

 1                SENATOR DeFRANCISCO:    

 2   Unfortunately, there's no nominees from Central 

 3   New York, but we've been blessed with the 

 4   Honorable John J. Brunetti, who I'm sure most of 

 5   you know and most of you know what a great, great 

 6   judge he is and what a great wit he is.  

 7                But in looking over all of these 

 8   nominees who have served before, it sort of 

 9   proves the point that things in this house should 

10   be done on the merits.  And we've got successful 

11   judges who have served admirably and should be 

12   renominated.  Unfortunately, it wasn't as soon as 

13   you all wanted, but it got here.  And now you can 

14   rest for another 10 years, I think.

15                So congratulations to all of you.  

16   The quality is outstanding.  And have a great 

17   another term in your judicial career.

18                Thank you.

19                ACTING PRESIDENT MURPHY:   Thank 

20   you, Senator DeFrancisco.

21                Senator Farley.

22                SENATOR FARLEY:   Thank you, 

23   Mr. President.  

24                I rise here as somebody who's been 

25   here a long time.  This is the second time I've 


                                                               983

 1   voted for all you guys.

 2                (Laughter.)

 3                SENATOR FARLEY:  But you know, I 

 4   know many of you.  And in all the years that I've 

 5   been here, I've never seen so many legal minds up 

 6   in the gallery, 15 of you.  I'll tell you, that 

 7   is really something.  

 8                I'm proud of your service, and we're 

 9   proud to renominate you.  And I think it's a 

10   credit to you and your families how well you've 

11   done on the bench.  

12                And a very successful new term.  My 

13   best wishes to all of you.

14                ACTING PRESIDENT MURPHY:   Thank 

15   you, Senator Farley.

16                Senator Savino.

17                SENATOR SAVINO:   Thank you, 

18   Mr. President.  

19                I also want to rise and congratulate 

20   all of today's nominees and their reappointments.  

21   And I was happy to participate in the Judiciary 

22   Committee.

23                As I sat there, I went through all 

24   of the resumes and I started to think of the 

25   collection of experience, decades of experience 


                                                               984

 1   among these 15 judges in all areas and expertise 

 2   of the law.  So congratulations to them and their 

 3   families.  

 4                But I want to mention two people in 

 5   particular, two Staten Islanders.  One is, of 

 6   course, Judge Vincent DelGiudice, and he is here 

 7   with his lovely wife, Catherine Paradiso.  

 8                And the second is Stephen Rooney, 

 9   who not only is an accomplished jurist, as I said 

10   in the Judiciary Committee, but he was wise 

11   enough to marry a woman who is well known to many 

12   of the members of this chamber.  Those of you who 

13   came later may not have met her, but she was the 

14   counsel to Senator John Marchi, the 

15   longest-serving member, and that is Kate Rooney.  

16   And she is here with her husband today.  

17                So congratulations to everyone, to 

18   the Rooneys and the DelGiudices.  

19                And thank you, Mr. President.

20                ACTING PRESIDENT MURPHY:   Thank 

21   you, Senator Savino.

22                Senator Gallivan.

23                SENATOR GALLIVAN:   Thank you, 

24   Mr. President.  

25                I also extend my congratulations to 


                                                               985

 1   all of our nominees, and in particular, two from 

 2   the Eighth Judicial District, the Honorable 

 3   Richard Kloch, Sr., and my long-time friend and 

 4   constituent, the Honorable Timothy J. Walker.  

 5                Both have an outstanding record, 

 6   they're outstanding jurists in their own right, 

 7   although specializing in different areas, both 

 8   outstanding members of the community, very 

 9   dedicated to their family and friends and, more 

10   importantly, good people.  Which is the type of 

11   people that we should have in every office across 

12   the state.

13                So I thank the two of you for your 

14   service.  I thank all of you for your service as 

15   well and wish you all the best of luck.  

16                Thank you, Mr. President.

17                ACTING PRESIDENT MURPHY:   Thank 

18   you, Senator Gallivan.

19                Senator Ortt.

20                SENATOR ORTT:   Thank you, 

21   Mr. President.  

22                Well, it's a special day when we 

23   have in the chamber the folks who make the laws, 

24   the folks who interpret the Laws and, as we saw 

25   with our soldiers from Fort Drum, those who go 


                                                               986

 1   forward and protect and defend those laws.

 2                But I rise to speak in support of 

 3   someone who hails from my hometown of North 

 4   Tonawanda in Niagara County, and that's Judge 

 5   Richard Kloch, who has served on the bench for 

 6   over 30 years as both city court judge in 

 7   North Tonawanda and as a Court of Claims judge 

 8   since 2001.  He currently serves as supervising 

 9   judge for the criminal courts of the Eighth 

10   Judicial District and handles a criminal, civil 

11   and matrimonial trial calendar.  

12                Judge Kloch is a product of 

13   North Tonawanda High School, University of 

14   Buffalo, and University of Buffalo Law School.  

15   He started his career as a public servant almost 

16   40 years ago -- when he was 10, right, Judge?  

17                (Laughter.)

18                SENATOR ORTT:   He was counsel to 

19   the New York State Office of Drug Abuse Services 

20   and, as a 26-year-old, he ran and won election as 

21   city attorney in North Tonawanda.  Above all 

22   else, he is proud of being a North Tonawandan, 

23   and he bleeds the red and blue of his beloved NT.  

24                He is an adjunct professor of law at 

25   UB Law School as well as a senior lecturer in 


                                                               987

 1   criminal justice at Niagara University.  

 2                His daughters, Sara and Rochelle, 

 3   could not be here, as Sara is about to deliver 

 4   grandchild number 11 and Rochelle is currently 

 5   representing North Tonawanda High School at a 

 6   Model U.N. competition.  Sons Richard, Robert and 

 7   Philip are all hard at work, but Judge Kloch is 

 8   joined here today by the love of his life, Ellie, 

 9   and by good friends Richard Winter and of course 

10   my predecessor, Senator George Maziarz.

11                Judge, congratulations to you and 

12   thank you for your continued service to the 

13   people of the Eighth Judicial District as well as 

14   to the people of New York.  You've made North 

15   Tonawanda very proud.

16                ACTING PRESIDENT MURPHY:   Thank 

17   you, Senator Ortt.

18                Senator Marchione.

19                SENATOR MARCHIONE:   Thank you.  I'd 

20   also like to send my congratulations to all of 

21   you and thank you for the hard work that you all 

22   have done.  

23                In particular, I rise for the 

24   purpose of talking about Judge Henry Zwack and 

25   also Judge Walter Brooks DeBow, both from the 


                                                               988

 1   judicial district that I represent.

 2                In the past, Judge Zwack has 

 3   consistently shown a genuine commitment to 

 4   serving our state and his local community.  In 

 5   2006, he was nominated to the Court of Claims by 

 6   former Governor Pataki.  And prior to his 

 7   appointment to the Court of Claims, Judge Zwack 

 8   served as general counsel, executive deputy 

 9   commissioner, and acting commissioner for the 

10   State Office of Alcoholism and Substance Abuse.

11                He was also counsel to the late 

12   Senator Owen Johnson, who was such a dear friend, 

13   trusted mentor, and respected colleague to so 

14   many here in the chambers that we just discussed 

15   just yesterday in honoring.

16                He's a graduate of Siena College and 

17   Albany Law School.  And it's just my honor to be 

18   here and to congratulate him on his nomination 

19   and being a judge for his second term.

20                Also, Judge Walter Brooks DeBow is a 

21   constituent from Saratoga County, and throughout 

22   his career he has continually demonstrated a deep 

23   and abiding commitment to public service.  He 

24   has served since 2006.

25                Prior to his service on the Court of 


                                                               989

 1   Claims, he served in the Office of Counsel to 

 2   former Governor George Pataki from 1995 to 2006.  

 3   And when he left the Governor's office, he has 

 4   risen to the position of deputy counsel to the 

 5   Governor.

 6                I had an opportunity recently to 

 7   meet with Judge DeBow, and I can tell you that 

 8   he's qualified, honorable and committed to 

 9   serving his fellow New Yorkers.

10                He's a graduate from State 

11   University of New York and a graduate of Emory 

12   University Law School in Atlanta, where he earned 

13   his Juris Doctor.

14                Judge DeBow is a member of the 

15   New York State Bar Association, the Saratoga 

16   County Bar Association.  And it's my honor today 

17   to also second his nomination.  

18                Congratulations to all of you.  

19   Thank you for being here today.  And thank you 

20   for representing us all so admirably.

21                ACTING PRESIDENT MURPHY:   Thank 

22   you, Senator Marchione.

23                Senator Panepinto.

24                SENATOR PANEPINTO:   Thank you.  

25                I want to congratulate all of the 


                                                               990

 1   nominees today, but in particular I want to about 

 2   Judge Richard Kloch.  You know, I'm a Town of 

 3   Tonawanda guy, and the judge is a North Tonawanda 

 4   guy.  There's always a little rivalry there.  

 5                But I've tried five cases in front 

 6   of Judge Kloch.  And I tried my first case in 

 7   front of him in 2001.  He probably doesn't 

 8   remember it, it was a little summary jury trial 

 9   that he tried to get settled and he was 

10   unsuccessful.  But you know, the four trials I've 

11   had with him since then, he is a gentleman and 

12   has -- he's a lawyer's judge.  He treats people 

13   like they would want to be treated.  

14                Now, he's not the most patient judge 

15   in the world --

16                (Laughter.)

17                SENATOR PANEPINTO:   -- and he will 

18   move you along, you know.  And one time I was 

19   doing direct examination, I was four questions 

20   in, and he really thought that was too much and 

21   he made me skip on forward.

22                So -- but he might not be patient, 

23   but he is practical.  And he's a people person, 

24   and he works to get cases resolved.  And that's 

25   the kind of people we need on the bench in this 


                                                               991

 1   state.

 2                Also, you know, you get to know 

 3   judges when you appear in front of them during 

 4   what's called special term, you know, when you 

 5   argue motions.  And I can say, you know, without 

 6   hyperbole that Judge Kloch runs the best special 

 7   term in the Eighth Judicial District.  It is like 

 8   a stand-up-comedian show when he is on the bench, 

 9   and he has the lawyers in stitches, because he 

10   makes the law fun.  And it's -- you know, we have 

11   serious cases, but the judge reads all the 

12   papers, he's prepared, and he makes the work that 

13   we do a lot of fun.  And I commend him for that.  

14                And he's a credit to the bench, and 

15   I'm honored to be able to support his nomination.

16                Thank you.

17                ACTING PRESIDENT MURPHY:   Thank 

18   you.

19                Senator Libous.

20                SENATOR LIBOUS:   Thank you, 

21   Mr. President.

22                And before I congratulate all of the 

23   appointees, I want to welcome our former 

24   colleague Senator George Maziarz to the chamber 

25   today.  


                                                               992

 1                George, it's good to see you and 

 2   good to have you back.  

 3                And I, like Senator Farley, was here 

 4   when the first round of nominations came through, 

 5   and it's certainly an honor for me to stand 

 6   before this body and say congratulations to each 

 7   and every one of you.  

 8                And Judge Kloch, because of my 

 9   relationship with Senator Maziarz, I've gotten to 

10   know you a little bit, and my special and 

11   personal congratulations to you, sir.  And I have 

12   no stories to tell, because I'm not an attorney, 

13   but I just wish you the best.

14                I stand before this body to speak 

15   about someone that I know personally very well, 

16   and that's Catherine Schaewe, Judge Schaewe.  

17   I've known her for many years and actually back 

18   to her private practice days when she was 

19   representing many of the towns in Broome County.  

20                And thank God she was, as many of 

21   you know that some of our small towns depend on 

22   their legal counsel quite a bit.  And she was 

23   quite active, and many times I thought she was 

24   the mayor or the town supervisor in helping them 

25   get through some of their tough times.


                                                               993

 1                But not only did she have a great 

 2   practice in working with our local elected 

 3   officials, but she had a wonderful private 

 4   practice and had many clients that were very 

 5   upset when she became a judge, because as you 

 6   know, that ends, and then the other career 

 7   starts.  

 8                And she has been an outstanding 

 9   jurist.  She has been just a wonderful, wonderful 

10   person on the bench.  The stories that come back 

11   as far as her demeanor and her patience, her 

12   calm.  

13                And I'm just proud to call her a 

14   friend and proud to second her nomination today, 

15   and I wish you the very, very best in the years 

16   to come.

17                ACTING PRESIDENT MURPHY:   Thank 

18   you, Senator Libous.

19                The question is on the nominations 

20   to the Court of Claims as read by the Secretary.  

21   All in favor signify by saying aye.

22                (Response of "Aye.")

23                ACTING PRESIDENT MURPHY:   Opposed, 

24   nay.

25                (No response.)


                                                               994

 1                ACTING PRESIDENT MURPHY:   The 

 2   nominees are hereby confirmed as judges of the 

 3   Court of Claims.

 4                (Extended applause.)

 5                ACTING PRESIDENT MURPHY:   Senator 

 6   Libous.

 7                SENATOR LIBOUS:   Mr. President, 

 8   I'll be with you in a second here.

 9                Mr. President, at this time could we 

10   take up Resolution Number 986, by Senator 

11   Stewart-Cousins, have the title read, and then I 

12   would call on Senator Stewart-Cousins to speak on 

13   the resolution.

14                ACTING PRESIDENT MURPHY:   The 

15   Secretary will read.

16                THE SECRETARY:   Legislative 

17   Resolution Number 986, by Senators 

18   Stewart-Cousins and Larkin, commemorating the 

19   50th Anniversary of Bloody Sunday.

20                ACTING PRESIDENT MURPHY:   Senator 

21   Stewart-Cousins.

22                SENATOR STEWART-COUSINS:   Thank 

23   you, Mr. President.

24                And yes, Happy St. Patrick's Day to 

25   you.


                                                               995

 1                ACTING PRESIDENT MURPHY:   Thank 

 2   you.

 3                SENATOR STEWART-COUSINS:   I rise 

 4   because last weekend the nation watched the 

 5   commemoration of Bloody Sunday.  March 7, 1965, 

 6   was when marchers marched from Selma to 

 7   Montgomery over the Edmund Pettus Bridge.  And it 

 8   was called Bloody Sunday because of the brutality 

 9   that the marchers experienced because they wanted 

10   to exercise their rights to vote.

11                President Obama stood on that 

12   bridge.  Forty thousand people joined him at the 

13   site to not only commemorate the lives that were 

14   lost in that struggle, but to remind us on that 

15   bridge how far we have come.  And to remind us 

16   that freedom isn't free and just because laws are 

17   passed, it doesn't mean that they are enacted 

18   properly.  And that we have to be vigilant about 

19   maintaining our freedom and our commitment to 

20   equality and justice.

21                In 1965, in Alabama, 99 percent of 

22   the voting population was white, while 1 percent 

23   was black.  And that wasn't because black people 

24   didn't want to be there, it was because blacks 

25   were subjected to regulations regarding voting 


                                                               996

 1   that nobody else was subjected to -- things like 

 2   counting bubbles on soap bars or naming every 

 3   single judge that served in the district, or make 

 4   up whatever the question is, because you know the 

 5   answer would not be correct because there was no 

 6   intention, despite the laws, to let people vote.

 7                And so it was the courage of 

 8   Dr. King and so many unsung heroes that brought 

 9   people to that bridge, people from all races, 

10   creeds, religions, with the firm understanding 

11   that justice could be done.  And they were met by 

12   police forces, dogs, hoses, and beaten back.  And 

13   of course we know that it created an awareness 

14   that allowed for the right things to happen for 

15   the people.

16                One of the people who had to guard 

17   the marchers is in this chamber.  One of those 

18   people who, despite the recalcitrance of what was 

19   going on, had as his job as an officer to make 

20   sure marchers were protected.  And when Bloody 

21   Sunday was being commemorated, Colonel Senator 

22   Larkin said to me:  "Are we going to say 

23   something about Bloody Sunday?"  

24                We stand here yearly, whether it's 

25   to commemorate Dr. King or Black History Month, 


                                                               997

 1   and Senator Larkin has shared his experiences.  

 2   And we all have heard them, and it becomes a 

 3   matter of what happens in this chamber.  But when 

 4   you juxtapose this huge reminder of what America 

 5   represented not so long ago, where people would 

 6   never, ever, ever dream of a day where we are 

 7   today -- but people who were expected to support 

 8   the bad behavior of the time served our country 

 9   and put themselves in front to make sure that 

10   protesters' rights were preserved.  People risked 

11   their lives, and some people never forgot the 

12   sacrifice of that moment.

13                So I really stand here for two 

14   reasons.  I stand here to say, with gratitude, 

15   that had there not been those movements, I 

16   wouldn't be here, so many of my colleagues who 

17   are here would not be here, obviously 

18   Congressman Lewis would not have been introducing 

19   President Barack Obama.

20                So we have so much to be grateful 

21   for.  And again, so much to preserve.  Because I 

22   also stand here at a time when 38 percent of the 

23   people turned out to vote recently.  And so this 

24   is also a great time to remind people of the 

25   sacrifices people made in order for us to have 


                                                               998

 1   the freedoms and to use the power that is in our 

 2   hands on a daily basis -- because too many 

 3   people's lives were lost and too much blood was 

 4   shed.  It is an obligation.

 5                And I also stand here to thank my 

 6   good friend the Colonel, Senator Larkin, who was 

 7   a young guy back in '65, who knew what he was 

 8   sent to do and despite the resistance of the 

 9   time, in his heart he understood his duty to the 

10   country, to his president, and to the cry of 

11   freedom for those who marched.  

12                So I thank you, Mr. President, and a 

13   special thank you, Senator Larkin, for your 

14   friendship and your commitment to justice.

15                (Applause.)

16                ACTING PRESIDENT MURPHY:   Thank 

17   you, Senator Stewart-Cousins.

18                Senator Larkin.

19                SENATOR LARKIN:   Thank you, Andrea.  

20                You have to excuse me a little bit 

21   (coughing).  I remember March the 7th -- Tom, 

22   it's good to have a drink.  Thank you.  

23                On March the 8th I went to work in 

24   the Pentagon, and I walked in, I was late, I was 

25   there at a quarter to 6:00.  And I was said to 


                                                               999

 1   get my you-know-what into the boss's office.  He 

 2   said, "Did you see what happened in Alabama 

 3   yesterday?"  I said, "I watched the 11 o'clock 

 4   news."  

 5                He said, "The chief of staff is 

 6   going to have a meeting at 11 o'clock, and we'd 

 7   better have a plan, because it's us."  

 8                And I thought for a minute and I 

 9   said, "You know, there's a lot of other full 

10   colonels laying around here.  What can I do?"  

11   But you never checked on General Cotton.  He was 

12   a VMI grad, so we forgive him.  

13                But he said, "Lark, we're going to 

14   get there.  We just gave the president some 

15   language that he can use for a press conference."  

16   And he come on.  I thought he was too weak, to be 

17   honest with you.  And I apologize to him, he's 

18   dead.  

19                But the next thing we did, on Friday 

20   we flew to Maxwell, at Montgomery, Alabama.  And 

21   the first thought was this is another march 

22   coming.  And Ralph Abernathy, who I'd never met 

23   in my life -- but to this day, I think he was one 

24   of the best there was -- he came to us and said, 

25   "There will be another march, on the 21st, and we 


                                                               1000

 1   will not stop."  So we said, "Please let us 

 2   prepare a battle plan and we'll see it."

 3                Now, remember, I was three weeks 

 4   away from being a lieutenant colonel and all I 

 5   had to do is you-know-what up and I would have 

 6   not been a colonel.

 7                But when you started to look at the 

 8   pictures that they provided us, Bull Connor with 

 9   a 12-inch hose knocking people off the bridge.  

10   What a disaster.  And we didn't have anybody in 

11   that line that said "Stop them"?  

12                My heart was touched.  I commanded 

13   an all-black company, in combat and their blood 

14   was just as red as the next company that was all 

15   white.  You can go to combat and we can draft 

16   you; you can't use our bathroom.  By the way, you 

17   can't vote, either.  What kind of a country do we 

18   have?  

19                And I was so proud of the people in 

20   the Pentagon, because everybody, from the chief 

21   of staff on down, all said the same thing:  This 

22   is disgraceful.  We go and fight for other 

23   countries to salvage them, but we don't try to 

24   fix the heartaches that we've caused in our own 

25   country.


                                                               1001

 1                We picked the sites.  The Secret 

 2   Service looked at them, criminal investigators 

 3   looked at them.  We had four sites they were 

 4   going to march.  They would camp out at night.  

 5                One of the interesting things was 

 6   Bull Connor.  Bill Perkins, where is he at?  My 

 7   good friend Bill Perkins, one of his friends, his 

 8   constituents in Harlem, was a marshal for the 

 9   march.  He was part of the Tuskegee Indian group, 

10   the pilots of World War II.

11                Connor had an article in the paper; 

12   he said "We swept them off the bridge."  I went 

13   to meet him, and he said "I don't take orders 

14   from tin soldiers."  I won't repeat it because I 

15   don't want to see it in the press what I said, 

16   but some of you ladies have never heard it, I 

17   know, but some of the men have heard it, what I 

18   told him.

19                I will tell you this.  I said, "If 

20   you're on that bridge when we cross the bridge, 

21   you'll need a plastic surgeon."  This man was a 

22   disgrace.  

23                The governor wasn't any better.  

24   When we give the orders to activate, Wallace had 

25   some filthy language to talk about the president.  


                                                               1002

 1   His answer was, "Well, if I activate them, the 

 2   taxpayers of Alabama will have to pay for them.  

 3   But if the President activates them, they'll do 

 4   it."

 5                The good part for us was we, the 

 6   United States Army, then came in and took care of 

 7   it.  What did we do?  We called units in from all 

 8   over America.  Somebody laughed at me.  I said 

 9   every commander of a battery company that's going 

10   to be called to active duty that's going to line 

11   the streets, I want some commander to stick their 

12   piggies in that chamber to see that there was no 

13   ammunition in them.  

14                And the march maneuver went 

15   together, everybody got in place, and there was a 

16   delay.  And a delay.  And a delay.  

17                So I went to my new friend Ralph 

18   Abernathy, and I said, "You've got to get them 

19   out of here.  You've got a lot of people out 

20   there on the sides of the road who are 

21   rednecks" -- and I called them something else, 

22   "bigots."  

23                Why?  Because I served with those 

24   who weren't of my skin.  I have four 

25   grandchildren that are biracial.  When you say 


                                                               1003

 1   that about somebody else, you're saying it about 

 2   my family too.  

 3                But the nicest part of it, Abernathy 

 4   went in and told Jesse Jackson and Jose 

 5   Williams -- which I couldn't do -- "Please get 

 6   moving."  And he said, "Martin, it's time to 

 7   march."  

 8                Twenty-five hundred people.  Four 

 9   days later, we marched the last steps to 

10   Montgomery, 25,000 people.  I believe in my heart 

11   and soul -- and there were Congressmen that were 

12   there.  I never met John Lewis.  First of all, I 

13   was told don't get involved in politics.  I said 

14   not me, never in my life will I ever do politics.  

15                (Laughter.)

16                SENATOR LARKIN:   But the nicest 

17   part about it was Dr. Abernathy, when we 

18   finished, he said, "You know, you didn't have to 

19   do some of the things you did."  

20                Oh, yes, I did have to do them.  My 

21   orders were to see that there was no damage, no 

22   miscalculation, and no casualties.  And everybody 

23   shall be treated as human beings and treated with 

24   dignity.  

25                We finished.  The march was over.  I 


                                                               1004

 1   believe in my heart and soul that in June, when 

 2   the United States Senate -- I'm proud to say that 

 3   the Republican votes were in there -- passed the 

 4   Voting Rights Act, why?  Because some of them 

 5   came to Alabama in casual.  And they recognized 

 6   that what a disgrace.  

 7                News media from all over the world 

 8   marched in that 50-some miles from Selma to 

 9   Montgomery.  

10                And what did we show to America?  We 

11   can tame our own people?  No, what we should be 

12   saying is that it is time to close that gap and 

13   let those Americans who are Americans and have 

14   the entitlement to vote, they should be.  

15                And in August the president of the 

16   United States signed the bill.  And as General 

17   Cotton said, but we can't forget the one 

18   casualty.  On the way back from Montgomery to 

19   Selma, we had told them please stay east of the 

20   line of march you came on.  One lady didn't.  Her 

21   name was Viola Liuzzo.  I'll give you the 

22   spelling after.  Not bad for 50-some years ago; 

23   you remember.  She went over there and went in 

24   drinking.  Well, the bigots were there, and she 

25   was killed. 


                                                               1005

 1                Some people said, well, we got out 

 2   of here easy.  But we didn't.  We should have got 

 3   out of there with everybody in the same thing.  

 4                But just think about it.  You know, 

 5   when someone says you can't do that, I get upset 

 6   about it, you know?  Why?  Because I swore to 

 7   uphold and defend the Constitution and defend my 

 8   country.  And when you harass and do something 

 9   against our citizens, you're doing it against 

10   every one of us.

11                I was proud to be on that march.  Of 

12   course, I had some very, very -- a couple of 

13   days, you know, where you're like this:  Somebody 

14   said "You get any sleep last night?"  I said, 

15   "Yeah, between 12:00 and 12:30."  Why?  If 

16   something goes wrong, you'll be saying, Goodbye, 

17   Lark, you retired major.  Three weeks later, I 

18   was a colonel.  

19                And to this day, I communicate with 

20   some of the people I met.  These weren't 

21   rabble-rousers, these were young men and women -- 

22   and some of them were up in their years.  And 

23   their attitude was:  I'm an American citizen, I 

24   was born here in Selma, Anniston, wherever it 

25   might be, and you won't give me the right to be a 


                                                               1006

 1   full citizen.  But yet you can take my family and 

 2   put them in combat to defend this country.  When 

 3   we do that, ladies and gentlemen, we really ought 

 4   to forfeit our responsibilities.  Because without 

 5   doing it and worrying about others, we fail in 

 6   our duties as fellow citizens.

 7                Thank you.

 8                (Applause.)

 9                ACTING PRESIDENT MURPHY:   Thank 

10   you, Senator Larkin.

11                Senator Panepinto.  

12                SENATOR PANEPINTO:   Thank you, 

13   Mr. President.  That's a very difficult person to 

14   follow.  Senator Larkin, thank you for your 

15   efforts following Bloody Sunday.

16                I had the pleasure of meeting John 

17   Lewis about 20 years ago.  In a prior career, I 

18   was a union organizer, organizing low-wage 

19   African-Americans and Latinos across the South.  

20   And I had to pick up Congressman Lewis at the 

21   airport and bring him to a rally we had in 

22   North Carolina.  

23                And I had the pleasure of spending 

24   about an hour and a half in the car with him and 

25   talking about the events of Bloody Sunday.  


                                                               1007

 1                And I hadn't planned on speaking on 

 2   this resolution today, because we had two 

 3   eloquent speakers, but my mother sent me an email 

 4   this weekend and she said, you know, I never knew 

 5   that, you know, Bloody Sunday, you know, was the 

 6   day that you were born, because I was busy on 

 7   March 7, 1965, giving birth to you.  

 8                And so to my mother that, you know, 

 9   delivered me that day and to John L. Lewis and 

10   all the people that fought on the bridge and, you 

11   know, Congressman Lewis, when I met him 20 years 

12   ago, said:  It's interesting, I never met anybody 

13   born on Bloody Sunday, and you're doing the kind 

14   of work that I'm proud to have you doing -- you 

15   know, working on behalf of, you know, working 

16   people and organizing them.  

17                So for the efforts that Senator 

18   Larkin made and the marchers on the Selma bridge, 

19   I'm proud to speak on behalf of this resolution.  

20                ACTING PRESIDENT MURPHY:   Thank 

21   you, Senator Panepinto.

22                Senator Montgomery.

23                SENATOR MONTGOMERY:   Thank you, 

24   Mr. President.

25                I rise to -- I also find it very 


                                                               1008

 1   difficult to follow Senator Larkin, but I am very 

 2   honored and pleased that our leader, Senator 

 3   Andrea Stewart-Cousins, has introduced this to 

 4   remind us of this important incident in American 

 5   history.

 6                And I am reminded by the fact that 

 7   Edmund Pettus was the Grand Dragon of the Ku Klux 

 8   Klan of Alabama.  And so that bridge represented, 

 9   for the people who gathered there and attempted 

10   to do the march, the bridge really was emblematic 

11   of the problem that they were facing.  And that 

12   is an attempt to keep people from being able to 

13   participate in the American society.

14                And so the resistance was severe on 

15   both sides, the determination of the people to 

16   cross that bridge and the resistance reflected in 

17   the name of the bridge.

18                There were two people in that march 

19   that I just wanted to mention as well.  Ralph 

20   Bunche was one of the people on that bridge.  He 

21   had won a Nobel Peace Prize in 1950 for his work 

22   in the Arab-Israeli peace truce.

23                And Martin Luther King, who was also 

24   one of the leaders of the march, won a Nobel 

25   Peace Prize the year before, in 1964, for his 


                                                               1009

 1   work.

 2                So these two giants were present 

 3   together to lead a march.  And obviously, 

 4   historically, they shall remain forever important 

 5   in the history of America and the world.  

 6                So it was with a particular sense of 

 7   pride that we had represented, in the 50th 

 8   anniversary celebration, two men who I consider 

 9   to be giants in history in America:  Barack 

10   Obama, who is our president, the first 

11   African-American president in the history of our 

12   nation, and Eric Holder.  These are two men who 

13   represent the advancement that was reflected in 

14   that march across the bridge named for the Grand 

15   Dragon of the KKK.  In defiance of that, these 

16   men stood to celebrate the 50th anniversary.  I 

17   was tremendously proud.

18                And, Mr. President, I am extremely 

19   proud today to be part of the group in the Senate 

20   who is led by another first in the history of 

21   New York State, and that is Senator Andrea 

22   Stewart-Cousins, the first African-American woman 

23   to be voted by colleagues in the Senate as our 

24   leader.  

25                And there will be a time, an hour 


                                                               1010

 1   and a moment, when you will not only be majority 

 2   leader, but you will also break down the door and 

 3   be in the room with the -- however other number 

 4   of men are going to be in that room, you're going 

 5   to be in that room too, representing all of us 

 6   here.

 7                So, Mr. President, thank you.  This 

 8   is a very historical moment, and I appreciate the 

 9   opportunity to speak on this resolution.

10                ACTING PRESIDENT MURPHY:   Thank 

11   you, Senator Montgomery.

12                (Applause from the gallery.)

13                SENATOR HOYLMAN:   Thank you, 

14   Mr. President.  

15                I've been inspired to rise as well 

16   by the comments of Senator Stewart-Cousins and my 

17   other colleagues.  Because, as Senator 

18   Stewart-Cousins suggested, all of our civil 

19   rights struggles are linked.  And on this day 

20   when we think of Selma, we remember the words of 

21   President Obama during his 2013 inaugural address 

22   when he said "from Seneca Falls to Selma to 

23   Stonewall."  The President himself linked all of 

24   our civil rights struggles.  

25                And we're so fortunate in New York 


                                                               1011

 1   that we actually have two of those historic sites 

 2   in our great state -- Seneca Falls, of course, 

 3   where the women's suffrage movement was born, and 

 4   Stonewall, which is in my district, where the 

 5   modern LGBT rights movement was born.  

 6                And I have to say, all of our 

 7   movements are linked and we still have unfinished 

 8   business left in our respective efforts.  

 9                And in my community, Mr. President, 

10   we have to remind ourselves daily, and we should 

11   do so on the floor of this body, that we still do 

12   not have full equality for transgender 

13   individuals.  Meaning that 25,000 New Yorkers, 

14   Mr. President, can be denied a seat at a 

15   restaurant, kicked out of their homes, get fired 

16   simply because they're transgender.  

17                And as we look back to the successes 

18   we've had with Selma and Seneca Falls, we have to 

19   remind ourselves of the challenges ahead and 

20   those involved with the Gender Expression 

21   Non-Discrimination Act and how we have to make 

22   certain that we pass that bill this year.

23                Thank you, Mr. President.

24                (Scattered applause from gallery.)

25                ACTING PRESIDENT MURPHY:   Thank 


                                                               1012

 1   you.

 2                Senator Hassell-Thompson.  

 3                SENATOR HASSELL-THOMPSON:   Thank 

 4   you, Mr. President.  

 5                I rise, as possibly the last 

 6   speaker, to thank Senator Stewart-Cousins for 

 7   printing this commemorative resolution today, and 

 8   also to thank Senator Larkin.  

 9                This is my 15th year in the State 

10   Senate, and I have never failed to listen as he 

11   tells the different stories of this march and 

12   others that he participated in in his role as a 

13   protector.  

14                And I thought it was very 

15   interesting that today we had Fort Drum, we had 

16   judges.  How historic a day this is.  And yet 

17   while it talks about how far we've come, it also 

18   talks about how far we have yet to go.  Selma was 

19   the beginning of a crucial awakening in this 

20   country.  And I appreciated not only our 

21   President but, you know, I posted on Facebook 

22   last week a picture of my President and 

23   Congressman Clyburn as they stepped from the 

24   plane in Alabama, walked across the tarmac as 

25   they headed toward the march.  And I sent them a 


                                                               1013

 1   message, Mr. President and Mr. Clyburn:  Thank 

 2   you for the commemoration.  Thank you for helping 

 3   us not forget.  Thank you for helping us to 

 4   remind our children that there is still a fight 

 5   yet to be won.  Thank you for commemorating a 

 6   time when people were united, Senator Larkin, 

 7   around this issue.

 8                And I'm hopeful that people will 

 9   become reunited around this issue.  As I looked 

10   at young white and black and Latino girls and 

11   boys lie down in the streets -- Senator 

12   Panepinto's daughter in Rochester -- in places 

13   across this state, saying that we are united 

14   around the need for justice.  And all this is 

15   about justice.  And all of this is about we still 

16   have to grow up in this country and fulfill the 

17   American dream.  

18                There are many people who have been 

19   very successful in capturing the dream for 

20   themselves and their legacies.  But if we're 

21   going to have a future for the next generation of 

22   children, we still have work to do.  We still 

23   have doors to open.  We still have the DREAM Act 

24   to pass.  We still have justice that must be 

25   pronounced and proclaimed in this state.


                                                               1014

 1                So as we commemorate Selma through 

 2   this resolution today, do not think that that is 

 3   the end, that it is the close of a chapter.  But 

 4   it is the beginning of a new chapter.  And those 

 5   of us who continue to persevere here need to 

 6   understand the seriousness of our obligation to 

 7   ensure that we come here every day, recommitted 

 8   to the purpose of providing just laws and a just 

 9   path for the children of tomorrow.  

10                Thank you, Mr. President.

11                (Scattered applause from gallery.)

12                ACTING PRESIDENT MURPHY:   Thank 

13   you, Senator Hassell-Thompson.

14                Senator Espaillat.

15                SENATOR ESPAILLAT:   Thank you, 

16   Mr. President.

17                I want to congratulate Senator 

18   Stewart-Cousins, Senator Larkin, and those that 

19   have spoken on this historical event.  

20                History has the ability to be 

21   elastic.  Perhaps when it is written, it only 

22   impacts a small number of people, but as the 

23   pages turn, it continues to embrace many others.  

24   And certainly this is a historical resolution on 

25   an important event that shaped the course of this 


                                                               1015

 1   country.  But I am compelled to think that the 

 2   best way to honor the memory of Bloody Sunday is 

 3   not with words but with deeds, with actions.

 4                And I am concerned that even today, 

 5   in this very chamber, the action that we take 

 6   very often is contrary, very contrary to the 

 7   spirit of what happened at that bridge.  

 8                And so many decades later, we still 

 9   wrestle here to be fair with immigrants and pass 

10   the DREAM Act.  And if we were to hold a DREAM 

11   vote today, many of the folks that are elevating 

12   the legacy of that bridge will vote against it.

13                And many decades after crossing that 

14   bridge, we still cannot cross the bridge to do 

15   away with Jim Crow laws and support farmworkers 

16   the way we should in this state.  

17                And many decades after this 

18   historical event, we sit here every day in this 

19   chamber and we continue to deny women their full 

20   rights.  

21                And on a daily basis when we come 

22   back to these chambers, even after the very 

23   flowery speeches and words, our deeds and our 

24   actions are not consistent with what happened at 

25   that bridge and we continue to discriminate 


                                                               1016

 1   against the LGBT community.

 2                So perhaps that bridge was crossed 

 3   because African-Americans needed the right to 

 4   vote or because they were fighting against 

 5   discrimination and racial violence and Jim Crow.  

 6   But that bridge means a whole lot different now.  

 7   It's elastic.  It's bigger than this room.  And 

 8   we continue every year to really humiliate the 

 9   legacy of the bridge with our actions here.

10                So I will say that again, when we 

11   come up again next year and we bring up another 

12   one of these resolutions, we should really 

13   celebrate them with our actions and our deeds and 

14   not with our words.  

15                Thank you, Mr. President.  

16                (Applause from gallery.)

17                ACTING PRESIDENT MURPHY:   Thank 

18   you, Senator Espaillat.

19                Senator Hamilton.

20                SENATOR HAMILTON:   Thank you, 

21   Mr. President.

22                I just want to say 50 years has 

23   passed since the march to Selma over the 

24   Pettus Bridge, and in commemorating the legacy of 

25   that march, myself and other elected officials 


                                                               1017

 1   marched across the iconic Brooklyn Bridge.  There 

 2   were over 600 people walking arm in arm over the 

 3   bridge.  And as I walked over the bridge, my mind 

 4   reflected if I had the faith in order to walk 

 5   into the Valley of Death.  Would I be able to 

 6   walk over a bridge knowing that I would be hit in 

 7   the head, maybe shot or murdered?  

 8                So for those people who risked their 

 9   lives for us to vote, I stand on their shoulders.  

10   But for them, I would not be here today as a 

11   State Senator.  But for them, I would not have 

12   been able to get an education with the Civil 

13   Rights Act.  

14                So I just want to pay my respects to 

15   the seniors and elders who paved the way for me 

16   to be the person that I am today, and to my 

17   grandmother and great-great grandmother, whose 

18   great-grandmother was a slave, to the legacy of 

19   hard work, of believing in the American system 

20   that works.

21                And in saying that I am proud to be 

22   an American, I am proud to live in a country that 

23   has allowed me to become an attorney, allowed me 

24   to become a State Senator.  And I believe in 

25   justice for all.  And I just hope in the near 


                                                               1018

 1   future when we do vote in this chamber, we 

 2   believe in the American dream and the Pledge of 

 3   Allegiance, as all God's children are created 

 4   equal.  

 5                Thank you very much.

 6                (Applause from gallery.)

 7                ACTING PRESIDENT MURPHY:   Thank 

 8   you, Senator Hamilton.

 9                The question is on the resolution. 

10   All in favor signify by saying aye.

11                (Response of "Aye.")

12                ACTING PRESIDENT MURPHY:   Opposed?  

13                (No response.)

14                ACTING PRESIDENT MURPHY:   The 

15   resolution is adopted.

16                 Senator Libous.

17                SENATOR LIBOUS:   Mr. President, I'd 

18   like to open up this resolution for 

19   cosponsorship.  So if there's anybody who chooses 

20   not to go on it, let the desk know.  Otherwise 

21   everybody will go on.

22                And also Resolution Number 463, by 

23   Senator Marchione, which is Down Syndrome 

24   Awareness Day, I'd like to open that up for 

25   cosponsorship.  And if anybody chooses not to be 


                                                               1019

 1   on it, let the desk know.

 2                And if that's okay with you, sir, at 

 3   this time I'd like to take up Resolution 936, by 

 4   Senator Díaz.  Could we have it please read in 

 5   its entirety, and I believe that Senator Díaz is 

 6   here and he would like to speak on it.

 7                SENATOR DIAZ:   Now?

 8                SENATOR LIBOUS:   Now, sir.

 9                ACTING PRESIDENT MURPHY:   The 

10   Secretary will read.

11                SENATOR DIAZ:   (Inaudible.)

12                SENATOR LIBOUS:   Now.  Now.

13                THE SECRETARY:   Legislative 

14   Resolution Number 936, by Senator Díaz, 

15   memorializing Governor Andrew M. Cuomo to declare 

16   March 11, 2015, to April 12, 2015, as 

17   Garifuna-American Heritage Month in the State of 

18   New York.  

19                "WHEREAS, It is the sense of this 

20   Legislative Body to recognize and pay just 

21   tribute to the cultural heritage of the ethnic 

22   groups which comprise and contribute to the 

23   richness and diversity of the community of the 

24   State of New York; and 

25                "WHEREAS, Attendant to such concern, 


                                                               1020

 1   and in keeping with its time-honored traditions, 

 2   it is the intent of this Legislative Body to 

 3   applaud and commemorate events which foster 

 4   ethnic pride and exemplify the cultural diversity 

 5   that represents and strengthens the spirit of the 

 6   people and the State of New York; and 

 7                "WHEREAS, This Legislative Body is 

 8   justly proud to memorialize Governor Andrew M. 

 9   Cuomo to declare March 11, 2015, to April 12,  

10   2015, as Garifuna-American Heritage Month in the 

11   State of New York; and 

12                "WHEREAS, Garifuna-American Heritage  

13   Month celebrates the great contributions of 

14   Garifuna-Americans to the fabric of New York 

15   City, and pays tribute to the common culture and 

16   bonds of friendship that unite the United States 

17   and the Garifuna countries of Belize, Guatemala, 

18   Honduras, Nicaragua, and St. Vincent and the 

19   Grenadines; and 

20                "WHEREAS, Garifuna-American Heritage 

21   Month affirms the culture, identity and 

22   self-esteem of a people; it celebrates a rich 

23   heritage and illuminates Garifuna history and 

24   tradition, as well as the spirit of an 

25   indomitable people; and 


                                                               1021

 1                "WHEREAS, In 1665, two Spanish ships 

 2   wrecked off the coast of St. Vincent; and 

 3                "WHEREAS, The West African slaves 

 4   who escaped to the island eventually intermarried 

 5   with the Caribs and the Arawaks, indigenous 

 6   native peoples; and 

 7                "WHEREAS, The new race of people, 

 8   known as the Garifuna, grew strong and prosperous 

 9   on the island; and 

10                "WHEREAS, In 1795, the Garifuna 

11   began the Second Carib War against the British; 

12   battles raged throughout St. Vincent over the 

13   next year, with both sides enduring heavy losses; 

14   and 

15                "WHEREAS, On June 10, 1796, the 

16   final battle commenced with the Garifuna and 

17   British, resulting in the Garifuna's surrender; 

18   and 

19                "WHEREAS, The surviving Black Caribs 

20   were forcibly transferred to the neighboring 

21   island of Balliceaux; and 

22                "WHEREAS, On March 11, 1797, the 

23   defeated Garifuna were loaded onto a convoy of 

24   eight vessels and transported to Roatan, 

25   Honduras, which arrived on April 12th of that 


                                                               1022

 1   year; and 

 2                "WHEREAS, The Garifuna began to 

 3   migrate to the United States during the 1930s; 

 4   today, New York City is home to the largest 

 5   Garifuna community outside of Central America; 

 6   and 

 7                "WHEREAS, This year commemorates the 

 8   25th Anniversary of the Happy Land Social Club 

 9   Fire tragedy that brought attention to New York  

10   City's Garifuna community; this milestone should 

11   serve as the turning point to advance the 

12   integration of the Garifuna community as it 

13   promotes its political, economic, social and 

14   cultural development; and 

15                "WHEREAS, On May 18, 2001, the 

16   United Nations Educational, Scientific and  

17   Cultural Organization (UNESCO) proclaimed the 

18   Garifuna language, dance and music as a 

19   'Masterpiece of the Oral and Intangible Heritage 

20   of Humanity'; and 

21                "WHEREAS, Garifuna-American Heritage 

22   Month provides an opportunity to recognize the 

23   significance of their contributions to the 

24   quality and character of life, and, through many 

25   events and activities throughout the month, for 


                                                               1023

 1   all people to gain a greater appreciation of 

 2   Garifuna history and traditions, and of the role 

 3   Garifuna-Americans have played, and will continue 

 4   to play, in our society; and 

 5                "WHEREAS, In 1823, William Henry 

 6   Brown, the first American playwright of African 

 7   descent, wrote 'The Drama of King Shotaway,' 

 8   recognized as the first black drama of the 

 9   American Theatre, which has as its subject the 

10   1795 Black Caribs' (Garifunas') defense of the 

11   Island of Saint Vincent against colonization by 

12   the British; and 

13                "WHEREAS, Today, New Yorkers of 

14   Garifuna heritage such as Sara Logan, Rosemary   

15   Ordonez Jenkins, Mirtha Colon, Eleanor Cecelia 

16   Castillo-Bullock, Sulma Arzu-Brown, James Lovell, 

17   Rosita Alvarez, Paula Castillo, Martin Bermudez, 

18   Edson Arzu and Jose Francisco Avila continue to  

19   recognize and honor the cultural practices of 

20   their ancestors; now, therefore, be it 

21                "RESOLVED, That this Legislative 

22   Body pause in its deliberations to memorialize 

23   Governor Andrew M. Cuomo to declare March 11, 

24   2015, to April 12, 2015, as Garifuna-American 

25   Heritage Month in the State of New York; and be 


                                                               1024

 1   it further 

 2                "RESOLVED, That a copy of this  

 3   resolution, suitably engrossed, be transmitted to 

 4   the Honorable Andrew M. Cuomo, Governor of the 

 5   State of New York."

 6                ACTING PRESIDENT MURPHY:   Senator 

 7   Díaz.

 8                SENATOR DIAZ:   Thank you, 

 9   Mr. President.  

10                Mr. President, before I say 

11   anything, I would like to express my -- my 

12   disgust, my uncomfortable -- being uncomfortable 

13   today, because I've got a group of Garifunas 

14   coming from the Bronx, all the way from the 

15   Bronx.  And we sat here for two hours to see -- 

16   to be recognizing a general, the appointments of 

17   15 judges, the resolution, and we are finally 

18   going to close.  

19                So I hope that when Espaillat talks 

20   about, and -- what's the name of the Senator? --  

21   Brad Hoylman talking about all the discrimination 

22   that the bridge can do, that you include in that 

23   bridge too that people from the Bronx come here, 

24   all the way, and they were left here till the 

25   end.


                                                               1025

 1                So, Mr. President, thank you very 

 2   much.  Today, today, ladies and gentlemen, is a 

 3   very special day.  Today I'm honored to be the 

 4   sponsor of this great resolution and of the fifth 

 5   annual celebration of Garifuna-American Heritage 

 6   Month in the New York State Senate.

 7                Today I'm honored to have the 

 8   opportunity and privilege granted to me by the 

 9   distinguished leaders of the Senate, the 

10   Honorable Senator Dean Skelos, the Secretary of 

11   the Senate, Mr. Frank Patience, and the members 

12   of this body that have allowed me to introduce 

13   this resolution.

14                Mr. President, members of the 

15   Senate, ladies and gentlemen, I would like to 

16   welcome the delegation from the Garifuna 

17   community who are sitting in the gallery.

18                (Applause from the gallery.)

19                SENATOR DIAZ:   Go ahead.  Go ahead.  

20   You have been applauding everybody here, so why 

21   not applaud yourself too.

22                (Exchange in Spanish with audience 

23   members in the gallery.)

24                SENATOR DIAZ:   This delegation, 

25   Mr. President, is presided by Mr. Jose Francisco 


                                                               1026

 1   Avila, president of the Garifuna Coalition, USA, 

 2   who has joined us in the Senate chambers today, 

 3   along with Mrs. Rosemary Ordonez Jenkins, 

 4   Mrs. Rosita Alvarez, Mrs. Olga Leiva, the 

 5   Reverend Andrew Nunez, senior pastor of the 

 6   Believers Mennonite Garifuna Ministry, who gave 

 7   the invocation, and Mr. Aurelio Martinez.  

 8                And Mr. President, ladies and 

 9   gentlemen, let me tell you all something about 

10   Mr. Aurelio Martinez.  Mr. Aurelio Martinez, you 

11   should know that Mr. Aurelio Martinez is a 

12   national musical legend in Honduras and 

13   throughout Latin America, and that during the 

14   November 27, 2005, national elections in 

15   Honduras, Mr. Martinez -- that guy over there. 

16   {In Spanish.}  Martinez, this is your day today.  

17                Mr. Martinez made history when he 

18   became the first Garifuna or African descendant 

19   to be elected to the Honduran National Congress 

20   representing the Department of Atalántida.

21                (Applause from gallery.)

22                SENATOR DIAZ:   You should also 

23   know, ladies and gentlemen, that this past 

24   Saturday, March 14th, at the Hostos Community 

25   College Auditorium in Bronx County, Mr. Martinez 


                                                               1027

 1   was honored by the New York Garifuna community 

 2   with a musical tribute celebrating the 

 3   30th anniversary of his legendary musical career.  

 4                During that event, Saturday, last 

 5   Saturday, this past Saturday, together with Bronx 

 6   Borough President Rubén Díaz, Jr., 

 7   Assemblymembers Marcos Crespo, Luis Sepúlveda, 

 8   and Michael Blake, in celebration of Garifuna 

 9   Heritage Month, I had the honor and privilege of 

10   presenting a proclamation and citation to 

11   Mr. Aurelio Martinez in recognition of his 

12   legendary musical career.  

13                Ladies and gentlemen in the gallery 

14   and in the chamber, it is important for you to 

15   know that the Garifuna community has been an 

16   integral part of New York City and especially of 

17   Bronx County for more than 80 years.  

18                It is also important to know that 

19   the Garifunas have been coming to the United 

20   States of America in search of a better life 

21   since 1930.  Their vitality, their talent and 

22   their commitment constitute tremendous resources 

23   for our state and our city.  

24                But, Mr. President, ladies and 

25   gentlemen, and my fellow Senators, you should 


                                                               1028

 1   know that it took a tragic event, a fire that 

 2   took the lives of 87 people, for the government 

 3   institutions to start paying attention to this 

 4   great community.  This year we commemorate the 

 5   25th anniversary of that tragic fire.  

 6                On March 25, 1990, a social club 

 7   known as the Happy Land was set on fire, causing 

 8   the death of many people and inflicting 

 9   tremendous pain and suffering to the rest of the 

10   Garifuna community throughout the state and 

11   throughout the nation.  

12                Today, as the State Senator 

13   representing the 32nd Senatorial District in 

14   Bronx County, it is an honor and a privilege for 

15   me to have this huge delegation of Garifuna 

16   joining us in the Senate gallery.  Look at that 

17   beautiful group.  Aren't they beautiful.  

18                (Applause from the gallery.)

19                SENATOR DIAZ:   It's a beautiful 

20   thing.

21                To you, to you, my colleagues, 

22   members of the Senate and staff, I invite you to 

23   join us at a reception after session in the Well 

24   for a very, very Garifuna celebration.  The 

25   celebration of Garifuna-American Heritage Month 


                                                               1029

 1   will continue on Thursday, April 9th -- this is 

 2   important, write it down -- on Thursday, 

 3   April 9th, when more than 500 people will gather 

 4   at Maestro's Caterers in the Bronx for the Annual 

 5   Abrazo Garifuna.

 6                (Applause.)

 7                SENATOR DIAZ:   If you, my 

 8   colleagues and staff, would like to travel to the 

 9   Bronx, you will be more than welcome to attend.

10                In closing -- now is the good 

11   thing {in Spanish} -- in closing I want to say to 

12   the Garifuna delegation, thank you for accepting 

13   my invitation to come to this chamber.  And in 

14   Garifuna:  "Buiti Achúluruni.  Seremein Bini-noun 

15   búnguío."

16                (Applause from gallery.)

17                SENATOR DIAZ:   This is Senator 

18   Díaz, and this is what you should know.  

19                Thank you.  

20                (Laughter and applause from 

21   gallery.)

22                ACTING PRESIDENT MURPHY:   Thank 

23   you, Senator Díaz.

24                Senator Serino -- Senator Serrano, 

25   my apologies.  


                                                               1030

 1                SENATOR SERRANO:   No problem.  

 2   Thank you very much, Mr. President.  

 3                And it gives me great pleasure to 

 4   rise and speak in support of Senator Díaz's 

 5   resolution honoring the wonderful and rich 

 6   Garifuna community.  Every year he knows, the 

 7   Senator knows how excited I get when he brings 

 8   all of us together to celebrate this very 

 9   occasion, because it's so important.  

10                The cultural contributions of the 

11   Garifuna community are immeasurable, but for so 

12   long these weren't fully understood.  Thanks to 

13   Senator Díaz, we now have a showcase to 

14   understand how important the Garifuna community 

15   is for this wonderful mosaic that we call 

16   New York.

17                In the Bronx, but throughout the 

18   entire five boroughs and indeed the State of 

19   New York, the Garifuna community is in many ways 

20   a history lesson of the new Americas and how 

21   Central America and South America shaped the way 

22   that we are today, shaped our society today.  And 

23   indeed, in the Bronx, the growing and strong and 

24   vibrant Garifuna community has made innumerable 

25   contributions.  


                                                               1031

 1                So I get so excited when I know that 

 2   the groups are coming up here to talk about what 

 3   they're doing, to show how far they've come.  But 

 4   really it is a tremendous celebration of the 

 5   diversity that we all celebrate and that we take 

 6   for granted, but we should celebrate it every 

 7   single day.  

 8                So thank you very much for being 

 9   here.

10                (Applause from the gallery.)

11                ACTING PRESIDENT MURPHY:   Thank 

12   you, Senator Serrano.

13                Senator Espaillat.

14                SENATOR ESPAILLAT:   Thank you.  

15                I want to rise to congratulate 

16   Senator Díaz for his efforts to bring the 

17   Garifuna community here once again this year to 

18   Albany.  And, you know, the Reverend has 

19   established a series of abrazos -- embraces, 

20   right? -- where he highlights the great qualities 

21   of many of our communities across the City of 

22   New York.

23                So I commend him for his efforts, 

24   and I welcome you to Albany, particularly Aurelio 

25   Martinez, who's a former member of the Honduran 


                                                               1032

 1   Congress, and Mr. Avila.

 2                But the Reverend has made a mistake.  

 3   He believes, truly believes, and I believe that 

 4   he truly believes that the Garifuna community is 

 5   exclusive of his district and the Bronx.  And he 

 6   is mistaken.  Because there are Garifuna in 

 7   Manhattan.  

 8                (Applause from gallery.)

 9                SENATOR ESPAILLAT:   There are 

10   Garifunas in Brooklyn.  

11                (Applause from gallery.)

12                SENATOR ESPAILLAT:   There are 

13   Garifunas in Queens.

14                (Applause from gallery.)

15                SENATOR ESPAILLAT:   I dare to say 

16   that there may even be some Garifunas in 

17   Staten Island.  

18                (Applause from gallery.)

19                SENATOR ESPAILLAT:   And let me tell 

20   you, Reverend, I went to Providence, 

21   Rhode Island, and I met Mr. Avila's twin 

22   brother -- I thought I was speaking to him -- who 

23   is also a Garifuna.

24                So again, Reverend Díaz, I thank you 

25   for bringing them here.  But they belong to all 


                                                               1033

 1   of us.  With that I say to you {in Garifuna}.

 2                (Cheers, applause from gallery.)

 3                ACTING PRESIDENT MURPHY:   Thank 

 4   you, Senator Espaillat.

 5                Senator Hamilton.

 6                SENATOR HAMILTON:   Yes, good 

 7   evening.  

 8                I just want to say there's a woman 

 9   named Vilma Zuniga who is a Garifuna, and she 

10   exposed me to the culture.  And Vilma is a loving 

11   person, she's a warm person, she invites you to 

12   her home.  And her mother reminds me of my 

13   grandmother, who's still alive.  

14                And I see Rosita Alvarez over here, 

15   and say hello to her.  

16                And Senator Díaz, you're right, and 

17   Senator Espaillat; we have Garifuna people all 

18   over the world.  But the ones from Brooklyn are 

19   the ones I know.  And they're loving people, 

20   they're warm people.  And they're bilingual, 

21   trilingual.  

22                But what I love about the Garifuna 

23   people, they identify with being African.  They 

24   identify with the African culture.  

25                Ms. Honduras, please stand up.  Are 


                                                               1034

 1   you there?  Yay, Ms. Honduras.

 2                (Applause.)

 3                SENATOR HAMILTON:   They are 

 4   beautiful, caring people with a strong heritage 

 5   of being independent, fighting for their rights.  

 6   I love their music.  I love to enjoy -- I love 

 7   the food, I always eat well at the events --

 8                (Laughter.) 

 9                SENATOR HAMILTON:   -- and the good 

10   cooking.  

11                And a lot of times in other cultures 

12   the women are always slim and skinny, but 

13   Garifuna women are just the right -- you know 

14   (gesturing).

15                (Laughter from gallery.)

16                SENATOR HAMILTON:   So I just want 

17   to say God bless the Garifuna people.  And 

18   Albany, we welcome you to Albany.  And God bless 

19   you all, thank you for coming here today.  Thank 

20   you.  

21                (Applause from gallery.)

22                ACTING PRESIDENT MURPHY:   Thank 

23   you, Senator Hamilton.

24                Senator Rivera.

25                SENATOR RIVERA:   Thank you, 


                                                               1035

 1   Mr. President.

 2                So I will tell everyone ahead of 

 3   time, Mr. President, that I will neither comment 

 4   on anyone's girth or, or say something in the 

 5   Garifuna language, because I know that I would 

 6   get it wrong.  

 7                But I am very proud to not only 

 8   welcome you all to Albany, but to say that I am 

 9   very glad and proud, really, that there are so 

10   many Garifunas that live in my district.

11                Now, I am from Puerto Rico, born and 

12   raised.  And there is a phrase in Puerto Rico 

13   that is a famous poem:  "Tu Abuela 'donde 'sta?" 

14   "And your grandma, where is she at?"  

15                Now, what does that mean?  There is 

16   a whole conversation in Puerto Rico about the 

17   African heritage of Puerto Rican people.  And 

18   there's a famous poem in the 1970s that just 

19   questions that if people in Puerto Rican say "Oh, 

20   there's no African in my heritage," then the 

21   question you ask them is {in Spanish}:  "And your 

22   grandmother, where is she at?"  Because I'm sure 

23   that she has heritage.

24                So as I was growing up, there was 

25   always something about -- we were taught how 


                                                               1036

 1   African heritage was such an important part of 

 2   who we were as Puerto Ricans.  So when I came to 

 3   New York and I became a Senator, that is when I 

 4   really got to meet the Garifuna people.  And that 

 5   is when I got to learn about the history of this 

 6   group of African folks that traveled to Central 

 7   America that established themselves as a 

 8   different group from a lot of other ones in the 

 9   entire country and in the entire world and made 

10   their own heritage.  

11                It's just a further example of how 

12   the African Diaspora all over the world just has, 

13   as it plants itself all over the world, whether 

14   it's in Puerto Rico, in the Dominican Republic, 

15   here in the U.S. or certainly in Central America, 

16   it becomes -- it just makes it greater.  

17                So I am very glad to have the 

18   Garifuna people as part of the 33rd Senatorial 

19   District.  I'm glad to have you here as guests.  

20   And hopefully we will have much to work together 

21   to make sure that we make not only the 

22   33rd Senatorial District but the Bronx a little 

23   bit better every single day.  

24                Thank you for being up here.  

25                Thank you, Mr. President.


                                                               1037

 1                (Applause from gallery.)

 2                ACTING PRESIDENT MURPHY:   Thank 

 3   you, Senator Rivera.

 4                Senator Parker.

 5                SENATOR PARKER:   Thank you very 

 6   much.  

 7                Let me -- I'm State Senator Kevin 

 8   Parker, representing the 21st District in 

 9   Brooklyn, which I think rivals the Bronx for the 

10   number of Garifuna people living in the 

11   community.  

12                But I certainly want to first thank 

13   Senator Díaz for really leading the charge on 

14   making sure that our communities of all hues, 

15   races, ethnicities and religions are being 

16   recognized every year on the floor of the Senate.  

17                But also, you know, I want to 

18   associate myself with the kind words of all my 

19   colleagues, who certainly have a significant 

20   respect for the Garifuna people.

21                You know, I really wanted to kind of 

22   speak for a moment just to what we really are 

23   talking about when we talk about the Garifuna 

24   culture.  That people are quick, oftentimes, to 

25   talk about what we refer to as "surface culture," 


                                                               1038

 1   looking at people's dress and dance, right, and 

 2   language, but not talk about what anthropologist 

 3   Clifford Geertz calls "deep structure" culture.  

 4                And what we see in the Garifuna 

 5   people is really a resistance to imperialism and 

 6   colonialism and enslavement and oppression that 

 7   our people have gone through.

 8                (Applause from gallery.)

 9                SENATOR PARKER:   And so when we 

10   hear this language that people can't pronounce 

11   it -- well, you can't pronounce it because you 

12   ain't heard it.  Because it's an African language 

13   in most of its parts and its deep structure.  

14                And when you hear the syntax, right, 

15   and the grammatical structure, and you start 

16   trying to look at, you know, Romance languages, 

17   you say, Oh, we can't find it.  That's because it 

18   don't come from Romance countries.  Right?  It 

19   comes from Africa.  

20                And when we hear that, what we're 

21   seeing in this people is a people who are 

22   essentially maroons.  Right?  They're essentially 

23   maroons.  These are people who have had to fend 

24   for themselves -- and not just in a place that 

25   was inhospitable but hostile to their very 


                                                               1039

 1   existence.  And so --

 2                (Applause.)

 3                SENATOR PARKER:   And so this 

 4   tribute is not simply to all of the beautiful 

 5   things that we see in terms of dance and song and 

 6   music and food and all those other things, but 

 7   really thank you to your ancestors and to your 

 8   very spirit of being ones who resist.  

 9                As we talked here today earlier 

10   about the 50th anniversary of Selma and we talked 

11   about -- even, you know, what we talked about in 

12   terms of Fort Drum Day, is that it's important to 

13   us to fight for the things that we think are 

14   important.  Right?  And what you saw in Senator 

15   Ritchie's commemoration of Fort Drum was talking 

16   about preserving the culture of that place.  

17                And that's what Reverend Díaz is 

18   talking about, that we are with you in preserving 

19   your culture.  That your culture is our culture, 

20   that we continue to not just live together and 

21   love together, but continue the struggle 

22   together.  

23                Thank you, Mr. President.  

24                (Applause from gallery.)

25                ACTING PRESIDENT MURPHY:   Thank 


                                                               1040

 1   you, Senator Parker.

 2                The question is on the resolution. 

 3   All in favor signify by saying aye.

 4                (Response of "Aye.")

 5                ACTING PRESIDENT MURPHY:   Opposed?  

 6                (No response.)

 7                ACTING PRESIDENT MURPHY:   The 

 8   resolution is adopted.

 9                (Applause from gallery.)

10                ACTING PRESIDENT MURPHY:   Senator 

11   LaValle.

12                SENATOR LaVALLE:   Mr. President, as 

13   is our tradition, we will open this resolution 

14   for sponsorship for anyone who wants to be on the 

15   resolution.  And again as part of our tradition, 

16   you are assumed on the resolution unless you do 

17   not want to be on the resolution.

18                We have another resolution by 

19   Senator Serrano.  Would you please read the title 

20   only and then recognize Senator Serrano on his 

21   resolution.

22                ACTING PRESIDENT MURPHY:   The 

23   Secretary will read.

24                THE SECRETARY:   Legislative 

25   Resolution Number 976, by Senator Serrano, 


                                                               1041

 1   mourning the untimely death of Anthony Mason, 

 2   outstanding athlete, New York City sports icon, 

 3   and devoted member of his community.

 4                ACTING PRESIDENT MURPHY:   Senator 

 5   Serrano.

 6                SENATOR SERRANO:   Thank you very 

 7   much, Mr. President.  

 8                I just wanted to take a moment to 

 9   honor the legacy of a great New York sports 

10   legend in Anthony Mason, who as we all know --

11                ACTING PRESIDENT MURPHY:   Quiet, 

12   please.  Quiet, please.

13                SENATOR SERRANO:   -- as we all 

14   know, died, unfortunately died at a very young 

15   age, the age of 48, this past February 28th.  He 

16   passed away in Manhattan after suffering a heart 

17   attack.

18                But best known for his years as 

19   New York Knick, he really did do a lot to give 

20   New York sports fans, many of us who were very 

21   frustrated Knicks fans from the 1980s, a sense of 

22   pride.  What a difference the team was in the 

23   '90s with the likes of Anthony Mason, John 

24   Starks, Patrick Ewing, Charles Oakley.  It was so 

25   exciting to know that the Knicks, while they may 


                                                               1042

 1   have been underdogs in any particular game, were 

 2   going to exhibit the tenacity to make them 

 3   competitive against any other team.  

 4                And I believe in many ways that was 

 5   seen most deeply in Anthony Mason.  His 

 6   in-your-face style proved that in anything in 

 7   life, having the will to succeed, the will to 

 8   prepare, the tenacity, the perseverance, will 

 9   take you very far.

10                So in 1994, Mason helped bring the 

11   Knicks to the NBA finals, where they lost a 

12   tough, and in my case heartbreaking, series to 

13   the Houston Rockets.  In 1995, Mason received the 

14   NBA Sixth Man of the Year Award, which is given 

15   to the League's best-performing player for his 

16   team coming off the bench.  

17                In '96 and '97, Mason led the NBA in 

18   minutes played in the subsequent two seasons.  

19   Also in '97, Mason earned All-NBA (third team) 

20   and NBA All-Defensive Team (second team).  He was 

21   selected in 2001 to the NBA All-Star Game.  And 

22   Mason retired with an average of 10 points per 

23   game and 8.3 rebounds per game.  

24                So I just wanted to take a moment to 

25   acknowledge how he helped many sports fans from 


                                                               1043

 1   all different genres to feel a sense of pride in 

 2   being a New York sports fan.  He'll be missed, 

 3   and I want to take a moment to honor his legacy.  

 4                Thank you, Mr. President.

 5                ACTING PRESIDENT MURPHY:   Thank 

 6   you, Senator.

 7                The question is on the resolution. 

 8   All in favor signify by saying aye.

 9                (Response of "Aye.")

10                ACTING PRESIDENT MURPHY:   Opposed?  

11                (No response.)

12                ACTING PRESIDENT MURPHY:   The 

13   resolution is adopted.

14                Senator LaValle.

15                SENATOR LaVALLE:   Mr. President, if 

16   we can go back to motions and resolutions and 

17   recognize Senator Valesky for a motion.

18                ACTING PRESIDENT MURPHY:   Senator 

19   Valesky.

20                SENATOR VALESKY:   Thank you, 

21   Mr. President.  

22                On behalf of Senator Carlucci, I 

23   move that Senate Bill 1743 be discharged from its 

24   respective committee and be recommitted with 

25   instructions to strike the enacting clause.


                                                               1044

 1                ACTING PRESIDENT MURPHY:   So 

 2   ordered.

 3                Senator LaValle.

 4                SENATOR LaVALLE:   Mr. President, is 

 5   there any other business at the desk?  

 6                ACTING PRESIDENT MURPHY:   No other 

 7   business.

 8                SENATOR LaVALLE:   Hearing no other 

 9   business, I move that we adjourn until Wednesday, 

10   March the 18th, at 3:00 p.m.

11                ACTING PRESIDENT MURPHY:   On 

12   motion, the Senate stands adjourned until 

13   Wednesday, March 18th, at 3:00 p.m. 

14                Happy St. Patrick's.

15                (Whereupon, at 5:35 p.m., the Senate 

16   adjourned.)

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