Regular Session - March 17, 2015
937
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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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
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21
22
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25
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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.
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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
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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.
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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
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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,
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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
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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.
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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
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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.
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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.)
17
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21
22
23
24
25