Regular Session - May 5, 2015

                                                                   2227

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 5, 2015

11                     3:28 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JACK MARTINS, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               2228

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

 2                ACTING PRESIDENT MARTINS: 

 3   {Gaveling.}  The Color Guard today is provided 

 4   from Sing Sing Correctional Facility in 

 5   Ossining, New York.  

 6                (The Color Guard entered the 

 7   chamber and presented colors.)

 8                (Whereupon, the assemblage recited 

 9   the Pledge of Allegiance to the Flag.)

10                (The Color Guard exited the 

11   chamber.)

12                ACTING PRESIDENT MARTINS:   In the 

13   absence of clergy, may we bow our heads in a 

14   moment of silence.

15                (Whereupon, the assemblage 

16   respected a moment of silence.)

17                ACTING PRESIDENT MARTINS:   The 

18   reading of the Journal.

19                THE SECRETARY:   In Senate, Monday, 

20   May 4th, the Senate met pursuant to adjournment.  

21   The Journal of Sunday, May 3rd, was read and 

22   approved.  On motion, Senate adjourned.

23                ACTING PRESIDENT MARTINS:   Without 

24   objection, the Journal stands approved as read.

25                Presentation of petitions.


                                                               2229

 1                Messages from the Assembly.

 2                The Secretary will read.

 3                THE SECRETARY:   On page 21, 

 4   Senator Latimer moves to discharge, from the 

 5   Committee on Local Government, Assembly Bill 

 6   Number 5641 and substitute it for the identical 

 7   Senate Bill Number 4130, Third Reading Calendar 

 8   327.

 9                On page 32, Senator Marcellino 

10   moves to discharge, from the Committee on 

11   Investigations and Government Operations, 

12   Assembly Bill Number 6976 and substitute it for 

13   the identical Senate Bill Number 4801, Third 

14   Reading Calendar 461.  

15                ACTING PRESIDENT MARTINS:   The 

16   substitutions are ordered.

17                Messages from the Governor.

18                Reports of standing committees.

19                Reports of select committees.

20                Communications and reports from 

21   state officers.

22                Motions and resolutions.

23                Senator DeFrancisco.

24                SENATOR DeFRANCISCO:   Yes, 

25   Mr. President, could we please adopt the 


                                                               2230

 1   Resolution Calendar, with the exception of the 

 2   following resolutions:  1904, 1905, 1809, 1897, 

 3   1865, 1781, 1924 and 1927.

 4                ACTING PRESIDENT MARTINS:   All in 

 5   favor of adopting the Resolution Calendar, with 

 6   the exceptions of Resolutions 1904, 1905, 1809, 

 7   1897, 1865, 1781, 1924 and 1927, signify by 

 8   saying aye.

 9                (Response of "Aye.")

10                ACTING PRESIDENT MARTINS:    

11   Opposed, nay.

12                (No response.)

13                ACTING PRESIDENT MARTINS:   The 

14   Resolution Calendar is adopted.

15                Senator DeFrancisco.

16                SENATOR DeFRANCISCO:   Mr.  

17   President, can we now take up both Resolution 

18   1904 and Resolution 1905, both by Senator Klein, 

19   read both in their entirety and recognize 

20   Senator Klein, please.

21                ACTING PRESIDENT MARTINS:   The 

22   Secretary will read.

23                THE SECRETARY:   Legislative 

24   Resolution Number 1904, by Senator Klein, 

25   commending the Albanian people for protecting 


                                                               2231

 1   and saving the lives of all Jews, both native and 

 2   refugee, living in or traveling through Albania 

 3   during the Holocaust.  

 4                "WHEREAS, It is the practice of this 

 5   Legislative Body to commemorate and extol the 

 6   brave actions and efforts of groups and 

 7   individuals who put human decency above their own 

 8   safety and well-being; and 

 9                "WHEREAS, The State of New York 

10   celebrates and applauds the people of Albania, 

11   who have fostered a historic relationship with 

12   the Jewish community and exemplified how 

13   tolerance and acceptance of others both 

14   represents and strengthens the fabric of the 

15   communities in the State of New York and across 

16   our nation; and 

17                "WHEREAS, New York State is home to 

18   a large population of Albanian-Americans, many of 

19   whom have made significant contributions to both 

20   our state and nation; and 

21                "WHEREAS, Based on their unique 

22   history of religious tolerance, Albanians of all 

23   social classes and religious beliefs sheltered 

24   and protected Jews, even at the risk of their own 

25   lives, beginning even before Mussolini's Fascists 


                                                               2232

 1   invaded in 1939; and 

 2                "WHEREAS, At the start of World 

 3   War II, approximately 200 Jews lived in the 

 4   Republic of Albania, and approximately 2,000 Jews 

 5   escaped to Albania from Western Europe and the 

 6   Balkans region; and 

 7                "WHEREAS, After Germany occupied 

 8   Albania in 1943, Albanian leaders, in an 

 9   extraordinary act of courage, not only refused to 

10   provide a list of Jews living in Albania, but 

11   instructed Albanian clerks to issue false 

12   identity papers to protect all Jews who traveled 

13   to and hid throughout the country; and 

14                "WHEREAS, Besa, a code of honor 

15   deeply rooted in the Albanian society and 

16   observed even nowadays, dictates a moral behavior 

17   that one take responsibility for the lives of 

18   others, without exception, in case of need; and 

19                "WHEREAS, Due to the exceptional 

20   Albanian code of honor, no Jewish family in 

21   Albania was surrendered to the Fascists or the 

22   Nazis, and the entire native and refugee Jewish 

23   community in Albania during World War II survived 

24   the Holocaust; and 

25                "WHEREAS, Due to the exceptional 


                                                               2233

 1   behavior of the Albanian nation as a whole, 

 2   Albania had more Jewish residents after World 

 3   War II than before World War II; and 

 4                "WHEREAS, In the course of the last  

 5   few decades, various authenticated publications 

 6   have further helped uncover the Albanian story of 

 7   rescuing Jews, such as Jewish-American author and 

 8   philanthropist Harvey Sarner's original published 

 9   work The Jews of Albania in 1992, and the 

10   autobiography of Irene Grunbaum, titled Escape 

11   through the Balkans; and 

12                "WHEREAS, World-renowned 

13   photographer Norman Gershman, through his 

14   extensive interviewing and photographing of 

15   rescuers and survivors, had his work published by 

16   the prestigious Syracuse University Press; this 

17   inspired the movie Besa:  The Promise, which has 

18   further shed light on the extraordinary story of 

19   Albanians saving the Jews and the humanity of the 

20   Albanian people; and 

21                "WHEREAS, The heroic deeds of 

22   hundreds of Albanians who rescued Jews during 

23   World War II are now recognized by Yad Vashem, 

24   the Holocaust Martyrs' and Heros' Remembrance 

25   Museum in Jerusalem, Israel, and the 


                                                               2234

 1   United States Holocaust Memorial Museum in 

 2   Washington, D.C.; and 

 3                "WHEREAS, Yad Vashem has thus far 

 4   designated 73 Albanians as 'Righteous Persons' 

 5   and Albania as one of the 'Righteous Among the 

 6   Nations'; now, therefore, be it 

 7                "RESOLVED, That this Legislative 

 8   Body pause in its deliberations to commend the 

 9   Albanian people for protecting and saving the 

10   lives of all Jews, both native and refugee, 

11   living in or traveling through Albania during the 

12   Holocaust, in conjunction with the visit of the 

13   esteemed President of Albania, His Excellency 

14   Bujar Nishani, to the New York State Legislature 

15   on Tuesday, May 5, 2015; and be it further 

16                "RESOLVED, That this Legislative 

17   Body pause further to commend Yad Vashem in 

18   Israel and to encourage others to recognize 

19   Albanians who took action to protect Jews during 

20   the Holocaust for their great courage and 

21   heroism; and be it further 

22                "RESOLVED, That copies of this  

23   resolution, suitably engrossed, be transmitted to  

24   the Honorable Andrew M. Cuomo, Governor of the 

25   State of New York, and His Excellency Bujar 


                                                               2235

 1   Nishani, President of Albania." 

 2                Legislative Resolution Number 1905, 

 3   by Senator Klein, commemorating the 

 4   70th anniversary of Victory in Europe Day on 

 5   May 8, 2015. 

 6                "WHEREAS, It is the practice of this 

 7   Legislative Body to commemorate historical events 

 8   which have defined the culture and spirit of the 

 9   American people and modern history as we know it; 

10   and 

11                "WHEREAS, World War II was the 

12   largest and most violent armed conflict in the 

13   history of mankind, with fatality estimates 

14   ranging between 22 million and 70 million 

15   military and civilian deaths; and 

16                "WHEREAS, America's finest men and 

17   women risked life and limb to protect the 

18   American way of life and to halt foreign tyranny 

19   and aggression; and 

20                "WHEREAS, The horrors of the 

21   Holocaust resulted in the deaths of over 

22   6 million Jews at the hands of Nazi Germany and 

23   the Axis powers; and 

24                "WHEREAS, Over 16 million Americans, 

25   including many New Yorkers, served in uniform, 


                                                               2236

 1   and of these Americans, 405,000 members of the 

 2   United States Armed Forces paid the ultimate 

 3   sacrifice for the protection of the American 

 4   people and for the formation of a more stable 

 5   world; and 

 6                "WHEREAS, Allied forces faced 

 7   ferocious combat, exhibited unmatched bravery, 

 8   and endured untold tragedy throughout the world 

 9   in their efforts to liberate captured foes from 

10   tyranny and oppression; and 

11                "WHEREAS, On May 7, 1945, a 

12   representative for the German High Command signed 

13   and transferred the unconditional act of 

14   surrender of both East and West forces to allied 

15   representatives in a schoolhouse in Reims, 

16   France; and 

17                "WHEREAS, On May 8, 1945, Victory in 

18   Europe (VE) Day was officially recognized around 

19   the Western world, with German troops laying down 

20   their arms as news of the German surrender spread 

21   throughout Europe; and 

22                "WHEREAS, The trauma and the 

23   exultant triumph of the events of World War II 

24   still reside today in the collective American 

25   psyche through contemporary tales in novels, 


                                                               2237

 1   cinema, and oral telling; and 

 2                "WHEREAS, Approximately 855,000 

 3   World War II veterans are still alive today, with  

 4   approximately 44,000 being from New York State; 

 5   now, therefore, be it 

 6                "RESOLVED, That this Legislative 

 7   Body pause in its deliberations in recognition of 

 8   the service and sacrifices of all of the brave 

 9   men and women who fought and contributed to 

10   American victory; and be it further 

11                "RESOLVED, That this Legislative 

12   Body pause further to honor the families and 

13   descendants of those men and women, and the men 

14   and women themselves, whose lives were taken in 

15   defense of liberty and freedom; and be it further 

16                "RESOLVED, That this Legislative 

17   Body pause further to commemorate the 

18   70th anniversary of Victory in Europe Day on 

19   May 8, 2015, in conjunction with many events 

20   being held nationally and throughout the State of 

21   New York; and be it further 

22                "RESOLVED, That copies of this 

23   resolution, suitably engrossed, be transmitted to 

24   select military organizations throughout the  

25   communities of the State of New York."


                                                               2238

 1                ACTING PRESIDENT MARTINS:   Senator 

 2   Klein.

 3                SENATOR KLEIN:   Thank you, 

 4   Mr. President.  It's truly an honor to stand here 

 5   today and speak on behalf of these two important 

 6   resolutions.  

 7                First and foremost, I want to thank 

 8   my colleague in government and my friend 

 9   Assemblymember Mark Gjonaj, who cosponsored this 

10   legislation in the New York State Assembly.  Mark 

11   is not only a great representative, he's also the 

12   first Albanian-American elected to any state 

13   legislature in the country.  Thank you, Mark.  

14                And I'm very proud to join and 

15   welcome President Bujar Nishani, the President of 

16   Albania.  We spent a lot of time together 

17   learning about your country, learning about your 

18   former government, and I thank you for that.

19                And today I think we recognize the 

20   extraordinary actions of the Albanian people.  

21                We also acknowledge the 70th 

22   anniversary of the end of World War II, a 

23   significant turning point in our nation's 

24   history.  We also have to say thank you to all 

25   the brave servicemen and women who took up the 


                                                               2239

 1   cause and died fighting for it, and for those who 

 2   fought and by the grace of God were able to 

 3   return home.  

 4                We certainly have to acknowledge the 

 5   heroic acts of the Albanian people.  Everyone 

 6   knows about the Holocaust that took place 

 7   perpetrated by the Germans on the Jewish people 

 8   during World War II.  And many of us may ask, 

 9   Well, why didn't other eastern European countries 

10   harbor their Jews, protect their Jews, make sure 

11   their Jews were not sent to concentration camps?  

12                Well, after the occupation in 1943, 

13   the Albanians stood strong against the Germans, 

14   refusing to provide a list of Jews living in 

15   Albania, and even issued false identification 

16   papers to Jews so they could travel and seek 

17   escape.  

18                It is remarkable that not one Jewish 

19   family was surrendered to the Nazis, thanks to 

20   the Albanians, whose exceptional honor remained 

21   undeterred by the evil forces around them.  This 

22   story is something that's very, very special.  

23   And though it happened a long time ago, I think 

24   it says a lot about the Albanian people.  It says 

25   a lot about their history, that all were welcome 


                                                               2240

 1   in their nation.  As with us today, the country 

 2   is now made up of Christians, Orthodox Jewish 

 3   population, Catholic, and of course Muslims.  And 

 4   that says something about the history of this 

 5   great nation.

 6                You know, certainly a story like 

 7   this hits home with me, as a grandson of 

 8   Holocaust survivors.  I always remember my 

 9   grandmother's story.  She was born in Russia, 

10   which unfortunately nobody in her hometown was 

11   there to protect her and her family.  She was the 

12   only survivor of her family.  And I always 

13   remember sitting around during Passover meals or 

14   Thanksgiving and really asking my grandmother, as 

15   I looked around the table, why she didn't have 

16   any aunts or uncles or sisters or brothers.  

17                And she told me her story.  Her 

18   story was that my grandfather, who came from the 

19   same town, came to the United States.  He was 

20   lucky to get here.  He had to spend some time in 

21   Argentina first before coming to the 

22   United States.  And he wanted to take a bride, a 

23   bride from the old country, so he went back for 

24   an arranged marriage.  That didn't work out.  He 

25   was lucky enough to meet my grandmother, and the 


                                                               2241

 1   rest is history.  Because everybody in the small 

 2   town of Antipolia was wiped out -- never even 

 3   made it to concentration camps, they were killed 

 4   in front of their own homes, buried in the town 

 5   cemetery.  

 6                And if there was more people with 

 7   the courage of the Albanians, maybe the Holocaust 

 8   wouldn't have existed or maybe not exist to the 

 9   same magnitude.

10                So this is a very, very important 

11   part of our history because I think it sends a 

12   very important message about the Albanian people.  

13   And the way they grew up and what they believed 

14   in is something that is really common nature, 

15   something recognizing a very simple code, that we 

16   always have to protect one another, that we're 

17   all basically the same, that we're all either 

18   going to sink or swim together.  

19                And that's something, thank God, 

20   Albania recognized 70 years ago, and the Jews of 

21   Albanian were able to survive.

22                So again I thank you, Mr. President, 

23   thank you to your great nation.  And I know I 

24   speak for all of my colleagues for allowing me to 

25   recognize today these two very important events 


                                                               2242

 1   in our history.

 2                Thank you.

 3                (Applause.)

 4                ACTING PRESIDENT MARTINS:   The 

 5   question is on the resolutions.  All in favor 

 6   signify by saying aye.

 7                (Response of "Aye.")

 8                ACTING PRESIDENT MARTINS:   Opposed, 

 9   nay.

10                (No response.)

11                ACTING PRESIDENT MARTINS:   The 

12   resolutions are adopted.

13                Senator DeFrancisco.

14                SENATOR DeFRANCISCO:   Yes, the 

15   sponsor wants to open the resolutions, both 

16   resolutions for cosponsorship.  And I'll assume 

17   everyone will be on it.  If you do not want to be 

18   on it, the chair should be notified.

19                ACTING PRESIDENT MARTINS:   Thank 

20   you, Senator DeFrancisco.

21                The resolutions are open for 

22   cosponsorship.  If you do not wish to be a 

23   cosponsor, please notify the desk.

24                Senator DeFrancisco.

25                SENATOR DeFRANCISCO:   And being 


                                                               2243

 1   honored to have the President here from Albania, 

 2   with unanimous consent I would request that 

 3   His Excellency Bujar Nishani, President of 

 4   Albania, address the chambers.

 5                (Standing ovation.)

 6                PRESIDENT NISHANI:   Honorable State 

 7   Senator Klein, Honorable Assemblymember Mr. Mark 

 8   Gjonaj, honorable ladies and gentlemen, members 

 9   of New York Senate, ladies and gentlemen.  

10                From the outset, I would like to 

11   wholeheartedly thank you and express my personal 

12   and institutional gratitude on behalf of the 

13   Albanian people for passing and approving the 

14   resolution which immensely appreciates, 

15   recognizes and points out the true role of the 

16   Albanians regarding the saving and rescuing of 

17   Jews during the terrible Shoah period.  

18                This recognizing of my compatriots' 

19   contribution coincides with the 70th anniversary 

20   of the Second World War end, with the historical 

21   triumph of Allied forces, including the United 

22   States, where Albania was fully and willingly 

23   enlisted.  By shedding blood, and deservedly, 

24   resulted on the side of winners against the Axis 

25   of Evil.  


                                                               2244

 1                The resolution that you just passed 

 2   extraordinarily and justly appreciates the entire 

 3   nation, not only the population of Albania but 

 4   also of course everywhere that Albanians live.  

 5   By stressing once again, even more forcefully 

 6   this time, although 70 years have elapsed 

 7   already, Besa, the characteristic "righteously," 

 8   transformed by Mr. Norman Gershman into the 

 9   leitmotif of his work.  

10                Honorable members of the New York 

11   Senate, besides rescuing of Jews, Albanians have 

12   behaved in the same manner with any foreigners or 

13   faraway friends who, due to their good or bad 

14   fortune, have taken the chance to knock on our 

15   doors.  This demonstrates not only a typical 

16   continuity inherited generation after generation, 

17   but also the loyalty cherished by my compatriots 

18   towards the healthy ethical and moral principles 

19   in our code of honor to Besa.  

20                Keeping in mind the historical 

21   testimonies, the work of Mr. Gershman, and the 

22   appreciation of Yad Vashem for righteous 

23   Albanians as well, I would have wished for the 

24   word Besa to be included in the international 

25   lingo as a synonym of the greatest value and the 


                                                               2245

 1   most unique characteristic of the Albanian 

 2   nation, even now in the 21st century, alongside 

 3   our proverbial religious tolerance, harmony and 

 4   coexistence as well.  

 5                Please permit me, while I'm 

 6   displaying these views and ideas, to personally 

 7   and institutionally praise also the future 

 8   initiative undertaken and launched by the member 

 9   of the Assembly, Mr. Mark Gjonaj, to introduce 

10   his Building Bridges project, planning also your 

11   possibility, to everyone, to visit to our proud 

12   fatherland.  

13                Since I have reached this point in 

14   the capacity of the Albanian head of state, 

15   please allow me to join the passing of your 

16   resolution and to hail the signing in Washington, 

17   D.C., just a few weeks ago of a joint declaration 

18   of strategic partnership between the Republic of 

19   Albania and the United States.  I consider the 

20   document as very important to the further 

21   strengthening of the relation between our two 

22   countries, to the intensification of political 

23   dialogue on all issues of strategic character and 

24   also an encouraging instrument to peace and 

25   security in the Western Balkan region.  


                                                               2246

 1                I would like, on behalf of the 

 2   Albanian citizens, to express and emphasize the 

 3   deep gratitude for the all-sides support provided 

 4   by the United States to Albania throughout the 

 5   years in our efforts to establish and consolidate 

 6   democracy and rule of law and in fulfilling our 

 7   European aspiration and also in foregoing the 

 8   constructive and stabilizing role played by 

 9   Albania in the Western Balkans.  

10                Ladies and gentlemen, lastly I thank 

11   you immensely for both the invitation and for the 

12   fortunate opportunity to provide to me to be 

13   present here today among you during this 

14   historical moment when the Albanian people is 

15   being honored and appreciated for the true values 

16   it cherishes and it has demonstrated through 

17   years, decades, even during centuries, I might 

18   add.  

19                In conclusion of my remarks in front 

20   of the New York State Senate, wholeheartedly I 

21   wish to once again express the gratitude on 

22   behalf of the Albanian state and to determinedly 

23   stress that such antihuman cruelties and horrors 

24   should not take place again and should not be 

25   allowed to be repeated anymore.  Together, 


                                                               2247

 1   Albanians, Jews, Americans, we will never permit 

 2   such inhuman acts to take place in no corner of 

 3   the world, not even one single time again.  Never 

 4   again.  

 5                Thank you.  

 6                (Extended standing ovation.)

 7                ACTING PRESIDENT MARTINS:   Senator 

 8   DeFrancisco.

 9                SENATOR DeFRANCISCO:   I just want 

10   to say thank you, for this entire body and all 

11   the citizens of the state, for His Excellency to 

12   be here today and share his words with us.  It 

13   was truly an honor.  Thank you very much.

14                PRESIDENT NISHANI:   Thank you.  

15                (Applause.)

16                SENATOR DeFRANCISCO:   The next 

17   resolution to be taken up is 1927, by 

18   Senator Skelos.  Please read it in its entirety.

19                ACTING PRESIDENT MARTINS:   The 

20   Secretary will read.

21                THE SECRETARY:   Legislative 

22   Resolution Number 1927, by Senators Skelos, Klein 

23   and Stewart-Cousins, congratulating the 2015 

24   New York State Senate Women of Distinction.  

25                "WHEREAS, It is the sense of this 


                                                               2248

 1   Legislative Body to acknowledge and celebrate 

 2   Women of Distinction who significantly add 

 3   inspiration and encouragement to the people of 

 4   this great Empire State; and 

 5                "WHEREAS, The New York State Senate 

 6   Women of Distinction program was created in 1998 

 7   as part of our state celebration of Women's 

 8   History Month to honor exemplary women from 

 9   across New York State whose singular professional 

10   or personal achievements, commitment to 

11   excellence, and accomplishments merit special 

12   recognition; honorees are selected from 

13   nominations submitted from across the state; and 

14                "WHEREAS, Women of every economic, 

15   ethnic and religious background have made 

16   significant contributions that are reflected 

17   across all aspects of society; and 

18                "WHEREAS, It is the custom of this 

19   Legislative Body to pay tribute to individuals of 

20   remarkable character who have shown initiative 

21   and commitment in constantly pursuing higher 

22   goals for themselves, as well as acting as role 

23   models to all women in their community; and 

24                "WHEREAS, On behalf of the New York 

25   State Senate, I take this opportunity to 


                                                               2249

 1   congratulate Marisol Alcantara, Catherine A.  

 2   Allain, Ph.D. Edu., Jane Aoyama-Martin, Mary Ann 

 3   Ashley, Susan Auriemma, Gail Lynch Bailey, Janice 

 4   Barto, Wendy Bleier-Mervis, Jacqueline Campbell, 

 5   Master Sergeant Sue Clark, Deborah Coates, 

 6   Christine Colligan, Kim Condon, Marsha K. Connor, 

 7   Amy Cram, Carrie Davis, Shihan Jacqueline 

 8   Drayton, Lou Jean Fleron, Joan A. Furey, R.N., 

 9   M.A., Cristina Furlong, the Honorable Victoria A.  

10   Graffeo, Kamillah M. Hanks, Shawyn Patterson 

11   Howard, Cantor Dr. Mindy Jacobsen, Joan Kaplan, 

12   Patricia E. Kennedy, Emily Kessler, Rosemarie 

13   Kluepfel, Sister Mary Ann LoGiudice, RSM, Peggy 

14   Marone, Randi Martos, Teresa McPhail, Missy 

15   Miller, Deborah Gordon Mullaney, Shirley A. 

16   Mullen, Ph.D., Mabel Muniz-Sarduy, JoAnne 

17   Luthmann Nolemi, Sister Mary Celeste O'Bryan, 

18   LaQuita Outlaw, Ed.D., Sharon F. Owens, Libby 

19   Pataki, Betty Pollack, Gail Reed-Barnett, Ed.D., 

20   Carol Ann Rinzler, Carmen G. Rivera, Jenny 

21   Rivera, Susan Salomone, Rev. Dr. Ernestine  

22   Sanders, Dream Shepherd, Elizabeth Sherwood, 

23   Barbara Stuchinski, Marie Testa, Rachel Thieme, 

24   Linda A. Thomas, Aixa Torres, Marta Moreno Vega, 

25   Joanne Donaruma Wade, Kerry W. Walsh, Ella J. 


                                                               2250

 1   Weiss, Joyce Willetts, Ph.D., Lee Anne 

 2   Xippolitos, Ph.D., and Marjorie V. Zmijewski, as 

 3   2015 New York State Senate Women of Distinction, 

 4   to be celebrated on Tuesday, May 5, 2015, at the 

 5   Annual Women of Distinction Awards Ceremony in 

 6   The Well of the Legislative Office Building; and 

 7                "WHEREAS, Women have become part of 

 8   New York's lasting heritage by fighting against 

 9   stereotypes, prejudice, and seemingly 

10   insurmountable obstacles; and 

11                "WHEREAS, From the women's suffrage 

12   movement just over 150 years ago to the present 

13   day, women have played and continue to play a 

14   crucial role in adding strength, understanding, 

15   and inspiration to the diversity and quality of 

16   life of the people of the State of New York; and 

17                "WHEREAS, New York State has been, 

18   and continues to be, the home to many 

19   distinguished women who have made their mark in 

20   history as pioneers in their field, therefore 

21   laying the foundation for women after them to 

22   succeed; and 

23                "WHEREAS, This Legislative Body 

24   recognizes that New York State is the home to 

25   countless women who are strong and colorful 


                                                               2251

 1   threads, vital to the fabric of our rich 

 2   heritage, who have contributed and continue  to 

 3   add to the advancement of our culture through 

 4   their traditional and nontraditional roles in 

 5   society; and 

 6                "WHEREAS, It is the sense of this 

 7   Legislative Body that those who enhance the 

 8   well-being and vitality of their community and 

 9   have shown a long and sustained commitment to 

10   excellence certainly have earned the recognition 

11   and applause of all the citizens of this great 

12   Empire State; now, therefore, be it 

13                "RESOLVED, That this Legislative 

14   Body pause in its deliberations to congratulate 

15   the 2015 New York State Senate Women of 

16   Distinction; and be it further 

17                "RESOLVED, That copies of this  

18   resolution, suitably engrossed, be transmitted to 

19   the aforementioned Women of Distinction."

20                ACTING PRESIDENT MARTINS:   Senator 

21   Young.

22                SENATOR YOUNG:   Thank you, 

23   Mr. President.

24                Today we are so honored to be joined 

25   by distinguished women from all across this great 


                                                               2252

 1   state.  These women come from all walks of life 

 2   and all different types of backgrounds, yet they 

 3   all share something very important in common:  

 4   They have made significant contributions to their 

 5   communities and then, by extension, to our great 

 6   state and our nation.

 7                New York has a tradition of being 

 8   home to great women.  One of them really comes to 

 9   mind to me, and that's Elizabeth Cady Stanton, 

10   who was a trailblazer, as we know, for human 

11   rights.  She was an American suffragist, social 

12   activist, abolitionist and leading figure in the 

13   early women's rights movement.  

14                There's one very poignant story that 

15   I'd like to share today because it helped shape 

16   her world view.  Elizabeth Cady Stanton was born 

17   in Johnstown, New York, and she was one of 

18   11 children.  And five of her siblings passed 

19   away in early infancy or early childhood, but 

20   one, her older brother, lived to be 20.  And he 

21   was just about to graduate from Union College in 

22   Schenectady when he passed away.  

23                Elizabeth was a little girl.  And 

24   her father was just grief-stricken, and so she 

25   crawled into his lap to try to comfort him.  And 


                                                               2253

 1   all he could say to her was:  "Oh, my daughter, I 

 2   wish you were a boy."

 3                We have come such a long way since 

 4   then.  And because of that determination by women 

 5   such as Elizabeth Cady Stanton and by the women 

 6   who are joining us here today, our New York State 

 7   is a much better place to live and work.  

 8                And these people are volunteers, 

 9   nurturers, entrepreneurs, innovators.  And as 

10   Napoleon said, a leader is a dealer in hope.  

11   These women are dealers in hope every single day.  

12   And we're just so proud and grateful for 

13   everything that you do.

14                ACTING PRESIDENT MARTINS:   Thank 

15   you, Senator Young.

16                Senator Valesky.

17                SENATOR VALESKY:   Thank you, 

18   Mr. President.  

19                It is no secret that New York State 

20   has been home to women of great distinction for 

21   centuries.  The women of New York history were 

22   trailblazers, pioneers and, most of all, beacons 

23   of light in the lives of millions of Americans, 

24   from Susan B. Anthony to Eleanor Roosevelt to 

25   Lucille Ball to Harriet Tubman.  


                                                               2254

 1                Today the tradition continues, with 

 2   New York women in academics, business, science 

 3   and medicine, public life and the arts leading 

 4   the way with their grace, intelligence, and 

 5   resolve to improve the lives of others.  

 6                And so it is our great privilege to 

 7   take time for this important annual event where 

 8   we honor those who give so much with the Women of 

 9   Distinction Awards.  These awards acknowledge the 

10   professional and personal achievements of notable 

11   women from across the state.  This evening we 

12   will individually acknowledge and celebrate each 

13   of our individual nominees at a reception in 

14   their honor.

15                The contributions and the commitment 

16   of these extraordinary women not only stand as 

17   tribute to those that have paved the way before 

18   them, but they are a source of inspiration for 

19   young women of the next generation.  They 

20   encourage us by their example, and we are 

21   fortunate that they have shared their tremendous 

22   talent.  We are grateful for their continued 

23   service to our great state.

24                Thank you.

25                ACTING PRESIDENT MARTINS:   Thank 


                                                               2255

 1   you, Senator Valesky.

 2                Senator Montgomery.

 3                SENATOR MONTGOMERY:   Thank you, 

 4   Mr. President.  

 5                I rise to join my colleagues in 

 6   saluting the women that we have referred to this 

 7   evening as Women of Distinction.  They reflect 

 8   our great state and women from our state, as we 

 9   know, as doctors, M.D.s, Ph.D.s, but also as 

10   scientists and businesswomen and women in 

11   politics representing our state in Congress, both 

12   the House and the U.S. Senate.  

13                Women who have developed housing.  

14   The wonderful thing about women in my district in 

15   particular is that they have been some of the 

16   most distinguished, skillful and committed 

17   housing developers for affordable housing for 

18   people in my district.

19                Women who are college professors and 

20   who serve us in many, many different capacities, 

21   including being the directors of the major arts 

22   and cultural institutions in the City of 

23   New York.  One of those women in fact is a woman 

24   that I am honoring from my own district, Ella 

25   Weiss, who has run the Brooklyn Arts Council for 


                                                               2256

 1   a number of years.

 2                So all of us are paying tribute to 

 3   the contributions and the greatness of women who, 

 4   from each of us, represent the best of what 

 5   New York has to offer in terms of women.

 6                So we honor them, and I am proud to 

 7   join to support this resolution, to support the 

 8   women.  I will be there tonight.  And I think we 

 9   all owe ourselves a great sense of pride and 

10   gratitude for the fact that we have decided that 

11   this day we will be honoring Women of Distinction 

12   in the State of New York.

13                Thank you, Mr. President.

14                ACTING PRESIDENT MARTINS:   Thank 

15   you, Senator Montgomery.

16                Senator Farley.

17                SENATOR FARLEY:   Thank you, 

18   Mr. President.

19                You know, this is one of the most 

20   worthwhile things that the Senate does, to 

21   recognize these remarkable women.

22                This is a very exciting time in our 

23   history.  You know, women today are available for 

24   every part of our society.  It wasn't too long 

25   ago that the professions were closed to women.  


                                                               2257

 1   Today the majority of medical students are women, 

 2   the majority of law students are women.  Just 

 3   last year, 60-some-odd percent of the 

 4   baccalaureate degrees that were given were given 

 5   to women.  It's a very exciting time.  

 6                And I was interested in what Senator 

 7   Young had to say.  Elizabeth Cady Stanton came 

 8   from my district in Johnstown.  And what a 

 9   remarkable woman she was, and one that really 

10   made a difference and was a forerunner to women's 

11   rights in every facet.

12                I think this Women of Distinction 

13   program that we have, we're all very excited 

14   about the women that we have chosen.  I'm 

15   particularly excited about mine.  But today I 

16   think we honor every woman in the State of 

17   New York.

18                And, Mr. President, I thank you very 

19   much for hearing me out.

20                ACTING PRESIDENT MARTINS:   Thank 

21   you, Senator Farley.

22                Senator Savino.

23                SENATOR SAVINO:   Thank you, 

24   Mr. President.  I rise in support of this 

25   resolution.  


                                                               2258

 1                You know, later on tonight in the 

 2   gallery downstairs we're going to honor 63 women 

 3   from various parts of the state.  It's one of my 

 4   favorite events that we do here every year, the 

 5   annual Women of Distinction, where we each look 

 6   into our communities and find women of notice, 

 7   women who are contributing to their community.  

 8   And sometimes it's not that hard to find them.  

 9   Because women are amazing, they do amazing 

10   things, and oftentimes they don't get 

11   recognition.  

12                My Woman of Distinction this year is 

13   one of those young women who is not often thought 

14   about as being a Woman of Distinction.  You know, 

15   in my community in Staten Island you often see in 

16   events that the same women get honored over and 

17   over.  And it's not to take away from the things 

18   that they do, but we're not really seeing the 

19   talent that's out there and the young women who 

20   are going to step forward and who are going to be 

21   part of the future.  

22                And I just want to take a moment and 

23   talk about her, because she's here in the 

24   chamber, and she's here with her mother and her 

25   family.  And her name is Kamillah Hanks.  She's a 


                                                               2259

 1   native Staten Islander who has been a leader and 

 2   an advocate for smart growth and positive 

 3   economic development in the North Shore of 

 4   Staten Island, which is now on the verge of 

 5   becoming the future of Staten Island.  We call it 

 6   the Gold Coast.  

 7                There's all sorts of economic 

 8   development happening there, and Kamillah Hanks 

 9   has been there from the very beginning.  When no 

10   one cared about the North Shore of Staten Island, 

11   she became invested in it, helping create 

12   policies and shape what the future is going to 

13   look like.  

14                She's championed our park system, 

15   she has championed education.  She in fact sits 

16   on the Mayor's Panel for Public Education Policy 

17   as an appointee of the borough president.  She's 

18   involved in our economic development policy, 

19   she's involved in our cultural institutions, 

20   she's involved in helping change downtown 

21   Staten Island to become the jewel that we know it 

22   can be.  

23                She truly is a Woman of Distinction 

24   today, and I know that the future is limitless 

25   for a young woman like Kamillah Hanks.  So 


                                                               2260

 1   congratulations to all of this year's Women of 

 2   Distinction, but I want to say a special 

 3   congratulations to mine, Kamillah Hanks.  

 4                Thank you, Mr. President.

 5                ACTING PRESIDENT MARTINS:   Thank 

 6   you, Senator Savino.

 7                Senator Serrano.  

 8                SENATOR SERRANO:   Thank you so 

 9   much.

10                I would like to thank my colleagues 

11   for putting forth this resolution, for honoring 

12   so many great Women of Distinction.  And I have 

13   someone who is an amazing, amazing story.  

14   Ninety-seven years young, Emily Kessler is a 

15   resident of my district and is a survivor of the 

16   horrendous Nazi Holocaust and is a person who 

17   throughout her life gave to the community and 

18   continues to be a great leader within her own 

19   family and in our community.  

20                And what's amazing is that even 

21   years after all of the sadness and abuse that she 

22   had to deal with, at the age of 97 she played at 

23   Carnegie Hall, an amazing mandolin player.  And 

24   it really is a remarkable story, and I just 

25   wanted to rise and recognize her great 


                                                               2261

 1   achievements.  

 2                Thank you.  

 3                ACTING PRESIDENT MARTINS:   Senator 

 4   DeFrancisco.

 5                SENATOR DeFRANCISCO:   Yes, this 

 6   resolution is also open for sponsorship by 

 7   everyone.  If you don't want to be on it -- I'm 

 8   sure everybody does -- you have to tell that to 

 9   the desk.

10                I just want to make one point of 

11   explanation.  And that is that everyone in this 

12   chamber wants to get up and talk about their one 

13   person.  So don't feel offended if somebody 

14   didn't, because we cut it off so we can have time 

15   for the ceremony when everyone gets recognized.  

16   So I just wanted to make that clear.

17                And with that said --

18                ACTING PRESIDENT MARTINS:   So, 

19   Senator DeFrancisco --

20                SENATOR DeFRANCISCO:   With that 

21   said, can we adopt the resolution.

22                ACTING PRESIDENT MARTINS:   One 

23   second.  

24                To Senator Díaz and to Senator 

25   Hoylman, my apologies, but we will move on.  I 


                                                               2262

 1   thank you for your indulgence and your 

 2   understanding.

 3                Everyone in favor of the resolution 

 4   please signify by saying aye.

 5                (Response of "Aye.")

 6                ACTING PRESIDENT MARTINS:   Opposed, 

 7   nay.

 8                (No response.)

 9                ACTING PRESIDENT MARTINS:   The 

10   resolution is adopted.

11                Senator DeFrancisco.

12                SENATOR DeFRANCISCO:   Could we now 

13   take up Resolutions 1897 and 1809 from Senator 

14   Serino, the first to be read title only, the 

15   second to be read in its entirety.

16                ACTING PRESIDENT MARTINS:   The 

17   Secretary will read.

18                THE SECRETARY:   Legislative 

19   Resolution Number 1897, by Senator Serino, 

20   honoring Elizabeth Devine upon the occasion of 

21   her designation as recipient of the 2015 

22   Outstanding Contribution by a Senior Citizen 

23   Award from the New York State Senate.

24                Legislative Resolution Number 1809, 

25   by Senator Serino, memorializing Governor Andrew 


                                                               2263

 1   M. Cuomo to proclaim May 5, 2015, as Senior 

 2   Citizens Day in the State of New York.  

 3                "WHEREAS, It is the sense of this  

 4   Legislative Body to memorialize Governor Andrew 

 5   M. Cuomo to proclaim May 5, 2015, as Senior 

 6   Citizens Day in the State of New  York, in 

 7   conjunction with May being declared as National 

 8   Older Americans Month; and 

 9                "WHEREAS, The more than 3 million 

10   residents of New York State 60 years of age and 

11   older bring a wealth of experience and knowledge 

12   to the increasingly active roles they play in 

13   today's society; their past contributions and 

14   future participation are a vital part of, and 

15   valuable asset to, the fabric of community life 

16   and activity; and 

17                "WHEREAS, These senior citizens have  

18   contributed to the state by building and helping 

19   preserve the customs, traditions and ideals of 

20   the many ethnic groups that make up the mosaic of 

21   New York State; and 

22                "WHEREAS, The wisdom and experience 

23   of senior citizens constantly enrich the lives of  

24   the young people of our state through a strong 

25   tradition of volunteerism; and 


                                                               2264

 1                "WHEREAS, Since  1962, the month of 

 2   May has been declared, by Presidential  

 3   Proclamation, Older Americans Month in order for 

 4   communities around the nation to set time aside 

 5   to celebrate and reflect on the unique role older 

 6   Americans play in the fabric of our society; and 

 7                "WHEREAS, The legislative and 

 8   executive branches of New York State government 

 9   have as a primary goal the improvement of the 

10   quality of life of older New Yorkers and the 

11   assurance of their continued dignity; and 

12                "WHEREAS, It is the intent of this 

13   Legislative Body to recognize and celebrate the 

14   legacy of New York's senior citizens who have 

15   experienced tumultuous changes in the 

16   20th century, including the dawn of the nuclear 

17   age, the rise of the computer, and the 

18   proliferation of the automobile, television, 

19   technology and so many other innovations of the 

20   American spirit, and who now represent a vast and 

21   willing source of knowledge available to our 

22   great State of New York; now, therefore, be it 

23                "RESOLVED, That this Legislative 

24   Body pause in its deliberations to memorialize 

25   Governor Andrew M. Cuomo to proclaim May 5, 2015, 


                                                               2265

 1   as Senior Citizens Day in the State of New York; 

 2   and be it further 

 3                "RESOLVED, That this Legislative 

 4   Body pause further to urge the residents of 

 5   New York State to honor all our senior citizens 

 6   who are the cornerstone of the strength of our 

 7   nation and to whom a debt of gratitude is owed; 

 8   and be it further 

 9                "RESOLVED, That a copy of this 

10   resolution, suitably engrossed, be transmitted to 

11   the Honorable Andrew M. Cuomo, Governor of the  

12   State of New York."

13                ACTING PRESIDENT MARTINS:   Senator 

14   Serino.

15                SENATOR SERINO:   Thank you, 

16   Mr. President.  

17                I rise today, as chair of the Aging 

18   Committee, in honor of seniors across our state.  

19   Our seniors have spent their lives building and 

20   shaping the state we know and love today, and we 

21   are grateful for their commitment and dedication.  

22                While words will never be enough to 

23   really thank them for their invaluable 

24   contributions, it's important that we pause in 

25   our proceedings today to recognize the work that 


                                                               2266

 1   they continue to do and to consider what a 

 2   critical role they play in all of our 

 3   communities.  

 4                We have had over 50 seniors from 

 5   across the state who were each recognized at a 

 6   ceremony earlier this afternoon for their 

 7   volunteerism.  I was fortunate to have two 

 8   awardees from my district:  Willie Reed, from 

 9   Beacon, who I believe had to go home, and 

10   Beth Devine, from Wappingers Falls, who there 

11   wasn't room in the gallery, so Beth is standing 

12   behind me with her husband, Jack.  

13                Through their service they have 

14   touched the lives of countless individuals and 

15   inspired citizens of all ages to play an active 

16   role in bettering our communities, and for that 

17   we thank you.

18                So I just want to take a moment to 

19   recognize Beth Devine, as she received the 2015 

20   Outstanding Contribution by a Senior Citizen 

21   Award.  As I mentioned, Beth is a constituent of 

22   my district, and it is my distinct honor to 

23   celebrate her here on the floor for her 

24   incredible contributions.  

25                Beth's list of accomplishments is 


                                                               2267

 1   extensive.  A retired third-grade teacher, she is 

 2   currently the vice president of the Wappingers 

 3   Historical Society and serves on the Wappingers 

 4   Falls Economic Development Committee.  She's the 

 5   vice president of the Grinnell Library Board and 

 6   an associate board member for capital improvement 

 7   resource development for the Children's Home of 

 8   Poughkeepsie.  

 9                Talk about a woman who does it all.  

10   "Outstanding" does not even begin to describe 

11   her.  I have no doubt in my mind that not only 

12   Wappingers but communities across my district are 

13   better for her work.  

14                Beth, as a community member and a 

15   representative, I am proud to call you a 

16   neighbor.  Thank you for all that you do.  On 

17   behalf of New York State, I congratulate you.

18                (Applause.)

19                ACTING PRESIDENT MARTINS:   The 

20   question is on the resolution.  All in favor 

21   signify by saying aye.

22                (Response of "Aye.")

23                ACTING PRESIDENT MARTINS:   Opposed, 

24   nay.

25                (No response.)


                                                               2268

 1                ACTING PRESIDENT MARTINS:   The 

 2   resolution is adopted.

 3                Senator DeFrancisco.

 4                SENATOR DeFRANCISCO:   Again, the 

 5   Senator is opening up this resolution to all who 

 6   choose to cosponsor it.  And if you don't, please 

 7   notify the desk.  

 8                Would you please take up 

 9   Resolution 1781, by Senator Peralta, and 

10   recognize Senator Peralta after the title only is 

11   read.  

12                ACTING PRESIDENT MARTINS:   The 

13   Secretary will read.

14                THE SECRETARY:   Legislative 

15   Resolution Number 1781, by Senator Peralta, 

16   commemorating the celebration of Cinco de Mayo, 

17   May 5, 2015.

18                ACTING PRESIDENT MARTINS:   Senator 

19   Peralta.

20                SENATOR PERALTA:   Thank you, 

21   Mr. President.  

22                First and foremost, I want to wish 

23   everyone in the chambers happy Cinco de Mayo.  

24                A hundred fifty-three years ago 

25   today, the Mexican army won one of the biggest 


                                                               2269

 1   battles in history.  Outnumbered by the French 

 2   army, considered at the time the greatest 

 3   military force on earth, the brave Mexican 

 4   soldiers defeated the Europeans at the Battle of 

 5   Puebla.  To commemorate this version of David 

 6   versus Goliath, in which the young Mexican army 

 7   was victorious over the French giant, we 

 8   celebrate here today the Cinco de Mayo 

 9   festivities.  Happy Cinco de Mayo to all.  

10                Now, it's not just about Coronas or 

11   beers or celebration, it's about an actual 

12   battle, the Battle of Puebla.  It was about the 

13   spirit of determination.  And because of it, 

14   Cinco de Mayo has evolved into a celebration of 

15   Mexican and Hispanic culture, especially in our 

16   great nation.  It was a battle about freedom and 

17   courage.  Year after year, this is a very 

18   important date for the Mexican and Chicano 

19   communities in my district, in our great state, 

20   and in our nation.  

21                In every borough of New York City 

22   and every county of our state, Mexican-Americans 

23   enrich all of the communities that they live in.  

24   In celebrating Cinco de Mayo, we recognize and 

25   share their tremendous contributions to our 


                                                               2270

 1   society.  

 2                And in my district we celebrate 

 3   Cinco de Mayo as a great gathering, as the 

 4   district is home to a growing and increasingly 

 5   involved Mexican-American community.  This is 

 6   another reminder of how diverse my district is, 

 7   which I like to often call the United Nations of 

 8   all Senate districts.  It is a celebration of 

 9   unity and patriotism, and it is a celebration 

10   that strengthens the already solid and 

11   long-standing friendship between Mexico and the 

12   United States.  

13                Mexico and the United States are 

14   bound historically, geographically and 

15   culturally.  Mexican culture and heritage are 

16   intertwined in the American fabric and in the 

17   Mexican-American experience.  Plain and simple, 

18   we are two societies united forever by many 

19   factors and by common interests with a common 

20   vision for the future.  

21                I'd like to wish everyone a happy 

22   Cinco de Mayo.

23                ACTING PRESIDENT MARTINS:   Thank 

24   you, Senator Peralta.  Happy Cinco de Mayo to you 

25   as well.


                                                               2271

 1                The question is on the resolution. 

 2   All in favor signify by saying aye.

 3                (Response of "Aye.")

 4                ACTING PRESIDENT MARTINS:   Opposed, 

 5   nay.

 6                (No response.)

 7                ACTING PRESIDENT MARTINS:   The 

 8   resolution is adopted.

 9                Senator DeFrancisco.

10                SENATOR DeFRANCISCO:   And this is 

11   also open for cosponsorship.  Notify the desk if 

12   you choose not to.

13                Please now take up Resolution 1865, 

14   by Senator Ortt, read the title only, and call on 

15   Senator Ortt, please.

16                ACTING PRESIDENT MARTINS:   The 

17   Secretary will read.

18                THE SECRETARY:   Legislative 

19   Resolution Number 1865, by Senator Ortt, 

20   memorializing Governor Andrew M. Cuomo to 

21   proclaim May 7, 2015, as Children's Mental Health 

22   Awareness Day in the State of New York.

23                ACTING PRESIDENT MARTINS:   Senator 

24   Ortt.  

25                SENATOR ORTT:   Thank you, 


                                                               2272

 1   Mr. President.

 2                Today members of the Senate chamber 

 3   are asking to declare May 7, 2015, as Children's 

 4   Mental Health Awareness Day across New York 

 5   State.  May 7th falls in line with the observance 

 6   of National Children's Mental Health Awareness 

 7   Day.  We believe this designation will bring a 

 8   greater public awareness to mental health and 

 9   services offered for help while decreasing the 

10   stigma that is often attached.  

11                The widespread affliction affects so 

12   many families, so many children, yet only one in 

13   three individuals will seek treatment.  Twenty 

14   percent of American children will be diagnosed 

15   with a mental illness each year.  By proclaiming 

16   May 7th as Children's Mental Health Awareness Day 

17   in New York, this legislative body is showing its 

18   commitment to ensuring the safety and well-being 

19   of our most precious resource:  Our children.

20                Thank you, Mr. President.

21                ACTING PRESIDENT MARTINS:   Thank 

22   you, Senator Ortt.

23                The question is on the resolution. 

24   All in favor signify by saying aye.

25                (Response of "Aye.")


                                                               2273

 1                ACTING PRESIDENT MARTINS:   Opposed, 

 2   nay.

 3                (No response.)

 4                ACTING PRESIDENT MARTINS:   The 

 5   resolution is adopted.

 6                Senator DeFrancisco.

 7                SENATOR DeFRANCISCO:   Yes, this 

 8   should be open to all for cosponsorship.  If you 

 9   don't want to cosponsor it, please notify the 

10   desk.

11                For those in the audience without a 

12   program, we've got one more resolution.  Then we 

13   will call up the nomination of the new Health 

14   Commissioner and then the 10 judges, and we'll go 

15   from there.

16                Would you please take up Resolution 

17   1924, by Senator Comrie, and read it in its 

18   entirety and then recognize the Senator.

19                ACTING PRESIDENT MARTINS:   The 

20   Secretary will read.

21                THE SECRETARY:   Legislative 

22   Resolution Number 1924, by Senator Comrie, 

23   mourning the death of Jack Friedman, 

24   distinguished citizen and devoted member of his 

25   community.  


                                                               2274

 1                "WHEREAS, It is the custom of this 

 2   Legislative Body to mourn the death of certain 

 3   prominent individuals whose valued contributions 

 4   to their  community, their profession, and their 

 5   heritage served to enhance the quality of life in 

 6   the State of New York; and 

 7                "WHEREAS, Jack Friedman of Queens, 

 8   New York, died on April 9, 2015, at the age of 

 9   55; and 

10                "WHEREAS, Affectionately known as 

11   'Mr. Queens,' Jack Friedman served as Executive 

12   Director of the Queens Chamber of Commerce; an  

13   advocate for the economic development of 

14   Queens County, he was known as a genial operator 

15   whose reach extended into politics, education, 

16   and business; and 

17                "WHEREAS, Upon graduating from 

18   Queens College in 1981, Jack Friedman owned and 

19   operated a photo printing business; he went on to 

20   become president of School Board 26, and chair of 

21   the Queens Community Board 13 Economic 

22   Development Committee; and 

23                "WHEREAS, Seven years ago, Jack 

24   Friedman joined the Queens Chamber of Commerce 

25   following his stint as a chief of staff in the 


                                                               2275

 1   mid-2000s; and 

 2                "WHEREAS, A former board member of 

 3   SNAP, Jack Friedman worked diligently to 

 4   facilitate better conditions for residential 

 5   communities in Queens, including major 

 6   development projects such as Resorts World, and 

 7   improving the Jamaica business community; and 

 8                "WHEREAS, A lifelong resident of 

 9   Queens, Jack Friedman had an intimate knowledge 

10   and history, combined with his experience as a 

11   small business owner, which allowed him to be 

12   instrumental in helping countless entrepreneurs; 

13   and 

14                "WHEREAS, A beloved staple of the 

15   Queens business and civic community, Jack 

16   Friedman was fiercely dedicated to making Queens 

17   a key center of economic opportunity and 

18   prosperity, which guided his leadership and 

19   activism throughout the community for many years; 

20   and 

21                "WHEREAS, Jack Friedman was 

22   sincerely loved and greatly respected by all 

23   those with whom he worked; committed to his 

24   community, the people he represented, his state,  

25   and his nation, he served his public with 


                                                               2276

 1   dignity, dedication and incisive wisdom; and 

 2                "WHEREAS, Over a long and 

 3   meritorious life of service on behalf of others, 

 4   Jack Friedman was a man of action, of integrity, 

 5   and of commitment, whose true compassion was 

 6   generously given to all who knew him; and 

 7                "WHEREAS, Jack Friedman is survived 

 8   by his wife, Lorie, and their two children, Cara 

 9   and Daniel, all of whom feel privileged to have 

10   been a part of his life and rejoice in his 

11   achievements; and 

12                "WHEREAS, Armed with a humanistic 

13   spirit and imbued with a sense of compassion, 

14   Jack Friedman leaves behind a legacy which will 

15   long endure the passage of time and will remain 

16   as a comforting memory to all he served and 

17   befriended; now, therefore, be it 

18                "RESOLVED, That this Legislative 

19   Body pause in its deliberations to mourn the 

20   death of Jack Friedman, distinguished citizen and 

21   devoted member of his community; and be it 

22   further 

23                "RESOLVED, That a copy of this  

24   resolution, suitably engrossed, be transmitted to 

25   the family of Jack Friedman."


                                                               2277

 1                ACTING PRESIDENT MARTINS:   Senator 

 2   Comrie.

 3                SENATOR COMRIE:   Thank you, 

 4   Mr. President.

 5                I rise today to just speak on Jack 

 6   Friedman, as he has passed.  And we all mourn 

 7   Jack deeply in the Queens community.

 8                Jack made all of us in Queens look 

 9   better, as he loved his borough, as he loved the 

10   Borough of Queens and loved being involved in 

11   government and politics and community service, 

12   and the opportunity to become the director for 

13   the Queens Chamber of Commerce.  

14                After spending time as a school 

15   board member, after spending time as a civic 

16   leader, after spending time as chief of staff to 

17   Councilmember David Weprin, then coming to the 

18   Chamber of Commerce, he worked diligently to 

19   ensure that everyone in Queens understood his 

20   passion for business, his passion for bringing 

21   partnerships together.  

22                He expanded the Queens Chamber of 

23   Commerce from an organization that was very small 

24   to an organization with over 2,000 members in 

25   partnerships with every major business in Queens.  


                                                               2278

 1   He expanded the Chamber of Commerce to make sure 

 2   that they had opportunities to attract the 

 3   diversity of Queens as well, ensuring that every 

 4   program and every opportunity, he went all around 

 5   the borough to ensure that the Chamber of 

 6   Commerce had an opportunity to impact every 

 7   borough and every neighborhood in Queens.

 8                Jack will be missed because he had a 

 9   warm personality, but he was also diligent and 

10   focused on making sure that every elected 

11   official in Queens, every major civic person 

12   understood Queens.  When we had a disaster with 

13   Katrina, Jack was in the Rockaways working with 

14   businesses on a plan.  When we had electrical 

15   outages, Jack would be on the line with 

16   Con Edison, working with those businesses that 

17   were affected.  When there was a problem in any 

18   particular major business in the borough, Jack 

19   would be there to try to help out.

20                Jack was also someone that tried to 

21   make sure that we attracted Resorts World and 

22   attracted opportunities for business, that worked 

23   to make sure that the airports were ripe and 

24   ready for expansion, that worked to make sure 

25   that we would try to get Willets Point expansion.  


                                                               2279

 1   There was nothing in Queens that Jack didn't want 

 2   to touch or didn't want to impact.  And if 

 3   necessary, Jack would start rumors so that we 

 4   would spur economic development projects in the 

 5   borough as well.

 6                Jack Friedman was truly a prince of 

 7   Queens to his family and his friends.  I miss 

 8   Jack.  When I first became head of the Queens 

 9   delegation, Jack Friedman, along with Pat McCabe 

10   from then-Councilmember Addabbo's office and 

11   George Milhaltses from then Councilmember 

12   Vallone's office, made sure that I knew the other 

13   parts of the borough that I was not necessarily 

14   that familiar with.  But no more so than Jack.  

15   Jack made sure that whatever was happening in any 

16   part of Queens, he would come and explain to the 

17   Council members and he would come and explain to 

18   anyone that was considered interested the beauty 

19   and the majesty of the best borough in the state.

20                I want to submit to all of the 

21   members of the State Senate this resolution for 

22   their consideration.

23                Thank you, Mr. President.

24                ACTING PRESIDENT MARTINS:   Thank 

25   you, Senator Comrie.  And thank you for 


                                                               2280

 1   introducing us to Jack Friedman.

 2                Senator Sanders.

 3                SENATOR SANDERS:   Thank you, 

 4   Mr. President.  

 5                I want to thank my colleague for 

 6   bringing this resolution forward.  

 7                Queens County has more than a 

 8   million people in it.  And it has its share of 

 9   colorful people, but none more colorful than a 

10   guy who could arguably call himself -- and get 

11   away with it -- "Mr. Queens."  That title may be 

12   something that's fought over from one part to 

13   another, but as soon as anyone said "Jack 

14   Friedman," everybody withdrew from the race.  

15   This guy was indeed Mr. Queens.

16                My friend Jack had a way about 

17   himself, a smile and a charm that were deceptive.  

18   Very, very deceptive.  You would think that 

19   you're just speaking to the nicest guy in the 

20   world, but at the end of it you would be agreeing 

21   with everything that he said and you would 

22   absolutely utterly believe that it was your own 

23   thoughts.  And that was Jack Friedman.

24                Jack was -- he cheated his family, 

25   I'm sure, by spending so many hours out there in 


                                                               2281

 1   the different parts of the borough.  Every part 

 2   was his borough.  And it would be a great 

 3   dishonor if we did not honor him.  

 4                I'm going to personally miss Jack, 

 5   because there are some difficult situations that 

 6   we confront, and I could use just an ounce of his 

 7   charm, just an ounce of -- if I could just steal 

 8   his smile for a minute, it would take me much 

 9   further. 

10                So again, I thank my colleague for 

11   bringing forward the undisputed Mr. Queens of all 

12   of Queens, Jack Friedman.  You all have been 

13   cheated by not knowing him.  Perhaps I can steal 

14   some of his majesty and share it.  

15                Thank you very much.

16                ACTING PRESIDENT MARTINS:   Thank 

17   you, Senator Sanders.

18                The question is on the resolution. 

19   All in favor signify by saying aye.

20                (Response of "Aye.")

21                ACTING PRESIDENT MARTINS:   Opposed, 

22   nay.

23                (No response.)

24                ACTING PRESIDENT MARTINS:   The 

25   resolution is adopted.


                                                               2282

 1                Senator DeFrancisco.

 2                SENATOR DeFRANCISCO:   Yes, the 

 3   sponsor would like the resolution open for 

 4   cosponsorship.  You're on unless you tell the 

 5   desk otherwise.

 6                Before I ask for the reports of 

 7   standing committees, I was corrected.  There's 14 

 8   judges that we have to deal with.  I just didn't 

 9   want four to pass out before we got there.

10                (Laughter.)

11                SENATOR DeFRANCISCO:   Would you 

12   return to the reports of standing committees, 

13   specifically Finance and Judiciary.

14                ACTING PRESIDENT MARTINS:   The 

15   Secretary will read.

16                THE SECRETARY:   Senator 

17   DeFrancisco, from the Committee on Finance, 

18   reports the following nomination.  

19                As Commissioner of Health, Howard 

20   Alan Zucker, of Rensselaer.

21                ACTING PRESIDENT MARTINS:   Senator 

22   DeFrancisco.

23                SENATOR DeFRANCISCO:   Yes, I would 

24   move the nomination.  And please call on Senator 

25   Hannon, chair of the Health Committee.


                                                               2283

 1                ACTING PRESIDENT MARTINS:   Senator 

 2   Hannon.

 3                SENATOR HANNON:   Thank you, 

 4   Mr. President.

 5                It's my pleasure to move the 

 6   nomination of Howard Zucker to be the 

 7   commissioner of the New York State Department of 

 8   Health.  

 9                Dr. Zucker has today been 

10   recommended to this body by the Health Committee 

11   and by the Finance Committee.  I understand there 

12   were lots of questions, lots of discussion, a 

13   very productive set of meetings.

14                Dr. Zucker comes with the experience 

15   of having been Acting Commissioner, because of 

16   various circumstances, for almost a year; served 

17   before that as First Deputy Commissioner of 

18   Health, and has had experience in Washington, in 

19   the World Health Organization, and brings that 

20   type of experience along with the fact that he 

21   has been a practicing physician as well as a 

22   lawyer, to form both of those as background for 

23   health policy in this state.

24                He certainly has many challenges 

25   that he'll face as commissioner.  We are going 


                                                               2284

 1   through the phases of completion of the Medicaid 

 2   Redesign Team, the phases of a federal waiver for 

 3   billions of dollars, a State Health Innovation 

 4   Plan, prevention agenda, and along with problems 

 5   that, as usual, we don't know what will happen 

 6   because public health is not that predictable, 

 7   two of which happened during his acting as acting 

 8   commissioner.  One was the sudden snowstorms in 

 9   Erie County this year, several feet, and then 

10   earlier last fall, the entire episode of Ebola, 

11   how to deal with people with Ebola coming back to 

12   the United States.  So these are all the types of 

13   challenges that lay ahead.

14                He, I think, has demonstrated to the 

15   committee, through questions dealing with a 

16   number of topics that are hot potatoes in the 

17   Health Department, such as marijuana or fracking, 

18   to the satisfaction of the members, that he has 

19   the qualifications and ability to be commissioner 

20   of this state and fulfill the hopes of this body.  

21                So for that reason -- and I don't 

22   know if others want to speak, but I would like to 

23   move acceptance of his nomination.

24                ACTING PRESIDENT MARTINS:   Thank 

25   you, Senator Hannon.


                                                               2285

 1                Senator Valesky.

 2                SENATOR VALESKY:   Thank you, 

 3   Mr. President.  

 4                I'm pleased to second the nomination 

 5   of Dr. Howard Zucker as Commissioner of the State 

 6   Health Department.  

 7                First I want to commend Governor 

 8   Cuomo for sending to the Senate this nominee.  

 9                As Chairman Hannon indicated 

10   already, he is a uniquely qualified individual to 

11   serve in this position and has, in fact, been 

12   serving in this position for the last year, I 

13   believe to the day, and has done an outstanding 

14   job.  

15                And there's just no question that 

16   with Senate approval of Dr. Zucker as the 

17   Commissioner of Health, the 20 million New 

18   Yorkers will continue to benefit enormously from 

19   Dr. Zucker's leadership in one of the most 

20   significant, complex, complicated state agencies 

21   that we are responsible for.

22                So again, I'm pleased to second this 

23   nomination and look forward to continuing to 

24   working with Dr. Zucker in the months and years 

25   ahead.  


                                                               2286

 1                Thank you.

 2                ACTING PRESIDENT MARTINS:   Thank 

 3   you, Senator Valesky.

 4                Can we please have order in the 

 5   chamber.  Please, if you have conversations, take 

 6   them outside.

 7                Senator Rivera.

 8                SENATOR RIVERA:   Thank you, 

 9   Mr. President.  

10                I stand proudly to third this 

11   nomination, already presented, seconded, and 

12   thirded, if you will.

13                Not only is this gentleman 

14   incredibly well qualified -- as a matter of fact, 

15   when we get any nomination, we have a stack, 

16   right, with the person's resume or their C.V.  I 

17   lost count of how many pages Dr. Zucker's dossier 

18   was -- somebody who graduated from medical school 

19   at 22, also an attorney, somebody who has served 

20   in D.C., who has served across the ocean for the 

21   World Health Organization, somebody who could 

22   have done many things and, it was pointed out in 

23   the committee, could have done anything else, and 

24   chose to come back to New York.  

25                As was pointed out, he's being been 


                                                               2287

 1   doing the job already for a year.  He's 

 2   incredibly well qualified.  

 3                And for all these reasons, I would 

 4   say this is somebody that I feel very strongly 

 5   needs to be our next commissioner, needs to be 

 6   just approved today.

 7                But on top of that, Mr. President, 

 8   the one thing that I cannot forget, I was telling 

 9   the soon-to-be-commissioner that this might be 

10   one of the only times that I get to, on the floor 

11   the Senate, do this right here.  This 

12   (gesturing), for those of you who do not know, is 

13   for us from the Bronx.  We throw up our X's.  

14                (Reaction from the gallery.)  See?  

15   Some people over there.  From the Bronx, we throw 

16   up our X to say how proud we are of our borough.  

17   This gentleman is born and raised in the Bronx.  

18   Not only that, born and raised in the zip code -- 

19   not in the district, but in the zip code that I 

20   live in.  

21                So it is -- we have -- when we were 

22   talking about his experience as a medical doctor, 

23   probably that took up about a third of the 

24   conversation.  The rest of it was him telling me 

25   about him growing up in the Bronx, talking about 


                                                               2288

 1   the old neighborhood and how much he wants to 

 2   come back and see it.  But most importantly, how 

 3   much he wants to do for not only the Bronx but 

 4   for the entire State of New York and for caring 

 5   for the public health of the citizens of this 

 6   great state.

 7                So it is with great pride, 

 8   Mr. President, that I third this nomination and I 

 9   encourage all my colleagues to do it as well.  

10   And once more (gesturing), for the record, from 

11   the Bronx, for Commissioner Zucker.

12                Thank you, Mr. President.  

13                ACTING PRESIDENT MARTINS:   Thank 

14   you, Senator Rivera.  Much appreciated.

15                Senator Farley.

16                SENATOR FARLEY:   Thank you, 

17   Mr. President.  

18                I rise to support this nominee 

19   exclusively as one of the most eminently 

20   qualified commissioners that I've seen.  And I've 

21   been here for a lot of years and confirmed a lot 

22   of health commissioners.  

23                Dr. Zucker has got a resume that is 

24   absolutely spectacular.  And he has proved 

25   himself in this office and done a terrific job.  


                                                               2289

 1   And I compliment the Governor on an outstanding 

 2   appointment.  

 3                And, Dr. Zucker, we wish you all the 

 4   best in a very, very challenging and difficult 

 5   job.  But we're very proud of you.  Good luck and 

 6   best wishes.

 7                ACTING PRESIDENT MARTINS:   Thank 

 8   you, Senator Farley.

 9                Senator LaValle.

10                SENATOR LaVALLE:   Thank you, 

11   Mr. President.

12                Just very briefly, I had the 

13   opportunity to talk to Dr. Zucker, found him 

14   extremely engaging, very bright.  And the two 

15   things that I found really great is that he is 

16   into policy, he likes policy, he understands the 

17   pieces that are in the puzzle to come to a 

18   resolution on policy decisions.  And he's a good 

19   listener.  

20                So I rise to support his nomination.

21                ACTING PRESIDENT MARTINS:   Senator 

22   Savino.

23                SENATOR SAVINO:   Thank you, 

24   Mr. President.  I also rise enthusiastically to 

25   support this nomination.  


                                                               2290

 1                Senator Rivera, we have some hand 

 2   gestures from Staten Island too, but they're 

 3   generally not appropriate for the floor of the 

 4   Senate so I will not share them here.  

 5                But you did ask -- you made a 

 6   mention about his curriculum vitae.  I actually 

 7   did count the pages earlier today in the Senate 

 8   Finance Committee, where we had the opportunity 

 9   to interact with Commissioner Zucker.  It is 

10   27 pages long.  And those of you who haven't seen 

11   it, you should get a copy of it.  

12                Here is a gentleman who not only did 

13   amazing things like graduating from medical 

14   school at the age of 22, but he had a long 

15   distinguished career in medicine and decided that 

16   wasn't enough.  Understanding that medicine and 

17   the law often intersect, he went to law school.  

18   And then he went on to Columbia.  And he's been 

19   at the World Health Organization.  He's been 

20   everywhere.  

21                Here is an individual who could be 

22   anywhere.  He could run a major institution.  He 

23   could run a research foundation.  He does not 

24   have to be in public service.  But he's taking 

25   all of that experience, that knowledge, that 


                                                               2291

 1   passion, that drive, and he's putting it into 

 2   running the state's Health Department.  

 3                His predecessor might have been as 

 4   smart as him; I'm not really sure.  But he lacked 

 5   something that you have, and that's an empathy 

 6   for the healthcare disparities that some of our 

 7   communities face.  We've talked about the 

 8   disparities in Staten Island and South Brooklyn, 

 9   and he understands it and he gets it.  

10                But he also, I want to say this, he 

11   is responsible for the implementation of a major 

12   public policy that we adopted right here last 

13   year, and that is New York State's medical 

14   marijuana program.  

15                And if you open up the papers, 

16   you'll see criticism of the program -- that it's 

17   too restrictive or it's taking too long.  And let 

18   me just say this as clearly as I can, as the 

19   person who wrote the bill.  Not only is 

20   Dr. Zucker spearheading this program and bringing 

21   it on track, we are fully seven months ahead of 

22   any other state in the country.  So he's not 

23   dragging his feet.  He has established guidelines 

24   and deadlines and has met every one of them.  

25                And because of his expertise in both 


                                                               2292

 1   medicine and in the law, we will have a program 

 2   in the end that will provide access to patients, 

 3   will withstand litigation if any choose to bring 

 4   it, and will be the model for the nation.  

 5                So I am thrilled to stand here and 

 6   vote on behalf of your nomination as Commissioner 

 7   of the Department of Health, and I look forward 

 8   to a very long relationship with you in 

 9   administering not just that program but all 

10   programs that affect the health and safety of 

11   New Yorkers.

12                Congratulations.  

13                ACTING PRESIDENT MARTINS:   Thank 

14   you, Senator Savino.  

15                The question is on the nomination of 

16   Howard Alan Zucker as commissioner of Health.  

17   All in favor signify by saying aye.

18                (Response of "Aye.")

19                ACTING PRESIDENT MARTINS:   Opposed, 

20   nay.

21                (Response of "Aye.")

22                ACTING PRESIDENT MARTINS:   Howard 

23   Alan Zucker is hereby confirmed as Commissioner 

24   of Health.

25                (Standing ovation.)


                                                               2293

 1                ACTING PRESIDENT MARTINS:   Senator 

 2   DeFrancisco.

 3                SENATOR DeFRANCISCO:   May we return 

 4   to reports of standing committees for the report 

 5   of the Judiciary Committee.

 6                ACTING PRESIDENT MARTINS:   The 

 7   Secretary will read.

 8                THE SECRETARY:   Senator Bonacic, 

 9   from the Committee on Judiciary, reports the 

10   following nominations:  

11                John David Sampson, of East Aurora; 

12                Cheryl Joseph, of Massapequa; 

13                Barry Robert Ostrager, of Manhattan; 

14                Ellen N. Biben, of Manhattan; 

15                Honorable Jeanette Rodriguez-Morick, 

16   of Manhattan; 

17                Mark John Grisanti, of Buffalo; 

18                Honorable Margaret Parisi McGowan, 

19   of Whitestone; 

20                Denise A. Hartman, of Athens; 

21                Honorable Alex B. Jeong, of Staten 

22   Island; 

23                Robert A. Schwartz, of Fort Salonga;

24                Debra A. Martin, of Pittsford; 

25                Honorable Daniel Martin, of 


                                                               2294

 1   Huntington; 

 2                Honorable Alan Leslie Honorof, of 

 3   Port Washington; and 

 4                Honorable Catherine Molly Bartlett, 

 5   of Goshen, to serve as judges of the Court of 

 6   Claims.

 7                ACTING PRESIDENT MARTINS:   Senator 

 8   Bonacic.

 9                SENATOR BONACIC:   Thank you, 

10   Mr. President.

11                On two previous sessions we in this 

12   body approved 27 Court of Claims judges.  Today 

13   14 will be coming before us.

14                Earlier today the Senate Judiciary 

15   Committee met and considered the appointment of 

16   11 new judges and three reappointments to the 

17   Court of Claims.  I'd like to thank Governor 

18   Cuomo for putting forth an impressive list of 

19   nominees for the court.  I am confident that the 

20   judges to be put forth today will conduct 

21   themselves in an exemplary manner moving forward.

22                The judges are joined in the gallery 

23   today, many with friends and family members.  So 

24   pursuant to the provisions of Section 9 of 

25   Article VI of the Constitution and the provisions 


                                                               2295

 1   of Section 2 of the Court of Claims Act, the 

 2   Judiciary Committee has reported all of the 

 3   nominations to the floor.

 4                I'm going to introduce the judges 

 5   and their friends and family in attendance today, 

 6   and then invite any Senator who wishes to speak 

 7   on any of the nominees to do so.

 8                Let's start with the reappointments.  

 9   The first one is Judge Catherine Bartlett.  And 

10   with her today is her husband, William DeProspo.

11                The second judge is Alan Honorof.  

12   And with Alan today is his son, Marshall Honorof.

13                The third reappointment today is 

14   Daniel Martin.

15                The new judges.  The nominee Ellen 

16   Biben, and she came with quite a team, so let me 

17   run through them.  First her husband, Matthew, 

18   her son August, her other son Dylan, her other 

19   son Graham.  Her parents, Dr. Lila and 

20   Dr. Richard Nachtigall.  I hope I didn't mess 

21   that up too much.  Her mother-in-law, Barbara; 

22   her sister, Dr. Margaret Giordano; her other 

23   sister, Dr. Lisa Nachtigall; her niece, Julia 

24   Giordano; her other niece, Jenny Flaumenhaft; and 

25   her nephew, James Flaumenhaft.  


                                                               2296

 1                Boy, you really made me work for 

 2   that, let me tell you.

 3                (Laughter.)

 4                SENATOR BONACIC:   The next nominee 

 5   is a friend to all of us, Mark Grisanti.  He's 

 6   with his bride today, Maria.  

 7                The next judge is Denise Hartman, 

 8   and she's here with her husband, Tim Kirby; their 

 9   son Wesley Kirby; the other son Daniel; the other 

10   son Thomas.  The mother-in-law, Jane Kirby; 

11   father-in-law, Allan; brother-in-law, Jeff.  And 

12   Barbara Underwood, Solicitor General, on behalf 

13   of Denise Hartman.

14                Alex Jeong, he's here with his 

15   father, Michael; Theresa is here, his mom; 

16   Farrah, his sister; Loris Spadaccini, 

17   brother-in-law -- I like that name, really.  It's 

18   almost like an Italian, you know, flavored meal.  

19   But I didn't mean to diss anybody on that last 

20   name.

21                Edoardo Spadaccini, a nephew; Matteo 

22   Spadaccini, a nephew; Cyril Jefferson, a friend; 

23   and William Damante, his assistant.  I think that 

24   covers all of them.

25                Then we have Cheryl Joseph, who's 


                                                               2297

 1   with her son Bryce Cherry and the other son Ethan 

 2   Cherry.

 3                Next is Debra Martin, a nominee, 

 4   with her husband, Douglas, their daughter Rebecca 

 5   and one-year-old granddaughter Madelyn.  

 6                Where is Madelyn?  Is she up there?  

 7   Okay.  She's a very good baby, by the way.

 8                (Laughter.)

 9                SENATOR BONACIC:   Next is Margaret 

10   McGowan.  She's with her son Vincent and a 

11   friend, June Briese.

12                The next nominee is Barry Ostrager.  

13   He's with his bride, Pamela, their daughter Ann, 

14   the other daughter Jane, and a friend, Jon 

15   Daniels.  

16                The next nominee is Jeanette 

17   Rodriguez-Morick; her husband, Harold; the 

18   daughter, Kayta Rodriguez Morick; the other 

19   daughter, Madeleine Sofia Morick; mother, Rhode 

20   Garcia; father, Frank Garcia; and a friend, John 

21   Paul Vella.

22                The next nominee is J. David 

23   Sampson.  He's here with his bride, Carol; the 

24   daughter, Rachel; the son, Matthew; the mother, 

25   May; the brother, Dr. Hugh Sampson; the sister, 


                                                               2298

 1   Sue Squier; colleague Terri Egan, colleague 

 2   Thomas Higgins, colleague Greg Kline, colleague 

 3   Timothy Lennon, and finally colleague Neal 

 4   Schoen.

 5                And last but not least, Robert 

 6   Schwartz, with his bride, Joy Chin, and his 

 7   brother, Larry Schwartz.

 8                Mr. President, at this time I move 

 9   all these nominations to the floor for Senate 

10   confirmation, and I ask you to recognize any 

11   Senator who wishes to speak.

12                Thank you, Mr. President.

13                ACTING PRESIDENT MARTINS:   Thank 

14   you, Senator Bonacic.  Great job, as always.

15                Senator DeFrancisco.

16                SENATOR DeFRANCISCO:   Yes, I wasn't 

17   paying attention.  Could you read it again, 

18   Senator?

19                (Laughter.)

20                SENATOR DeFRANCISCO:   Thank you.  I 

21   would just like to speak generally about the 

22   judges.  

23                I used to do a lot of trial work in 

24   another life, and to me these are the most 

25   important positions that we fill each year.  And 


                                                               2299

 1   the successful judges, not that I have to give 

 2   anybody any instruction, are those who are fair, 

 3   compassionate, and considerate that there are 

 4   other people that have busy lives that are before 

 5   them, and they make sure that due consideration 

 6   is made to everyone who appears before a court.

 7                I was with a law firm that one of 

 8   the judges is retiring from, apparently, and I 

 9   know of some other people in the group.  But I 

10   just want to stand up for Senator Grisanti, 

11   former Senator Grisanti.  Did he leave yet?  

12   There he is.

13                You know, there's nobody happier for 

14   you today -- maybe Senator Panepinto.  

15                (Laughter.)

16                SENATOR DeFRANCISCO:   But when 

17   there's -- whoever knows what I'm talking about, 

18   tell the others later.

19                But seriously, Senator Grisanti was 

20   a pleasure to be with when he was here.  He was 

21   dedicated, he had a heart, and he had some 

22   excellent judgment.  

23                And it's wonderful when you can see 

24   a result where everybody turns out okay.  His 

25   seat is now -- his area now represented by 


                                                               2300

 1   Senator Panepinto.  And now he's got the 

 2   opportunity that I'm sure he probably never 

 3   thought he would have before his time with the 

 4   Senate.  So we're very fortunate to be in a 

 5   situation today that is a win/win proposition.

 6                As to the other judges, your 

 7   resumes are absolutely unbelievable.  I'm not 

 8   going to comment on the length of them, but the 

 9   content is substantially greater than most that 

10   ever come before us.  So we're very, very pleased 

11   to have you.  

12                And I see you have your chaperone 

13   presiding, Judge Sise here, making sure we don't 

14   do anything wrong and keeping track of the 

15   process that somehow we got it done.

16                So congratulations to all of you, 

17   and best of life in the future, and also enjoy 

18   your position.

19                (Applause.)

20                ACTING PRESIDENT MARTINS:   Thank 

21   you, Senator DeFrancisco.

22                Senator Avella.

23                SENATOR AVELLA:   Thank you, 

24   Mr. President.  

25                First I rise to congratulate all the 


                                                               2301

 1   judges that are become nominated today, but also 

 2   a special congratulations to my friend and former 

 3   colleague Mark Grisanti.  I know you're all going 

 4   to do a great job.  Mark, we miss you here in the 

 5   Senate.

 6                But I really rise to second the 

 7   nomination of somebody who I've known for over 

 8   20 years, and that is Judge McGowan of 

 9   Whitestone.  

10                If you ever want to meet a 

11   warm-hearted judge or a person who really takes 

12   into account everybody's personal feelings, it's 

13   Judge McGowan.  She is well-respected in her 

14   community, she's involved in the community, her 

15   expertise in the law is unquestionable, and 

16   really it is an honor for me to be in the Senate 

17   at this time to second that nomination.  

18                Thank you, Mr. President.

19                (Applause.)

20                ACTING PRESIDENT MARTINS:   Thank 

21   you, Senator Avella.  

22                Senator Funke.

23                SENATOR FUNKE:   Thank you, 

24   Mr. President.  

25                I want to thank Governor Cuomo for 


                                                               2302

 1   nominating a candidate from my district, the 

 2   55th.  This is a great day for women from 

 3   Pittsford today.  Debra Martin will become our 

 4   new Court of Claims judge.  

 5                Debra has most recently been working 

 6   as assistant attorney general in Rochester.  She 

 7   has a wealth of experience in a wide range of 

 8   legal responsibilities, practicing in all levels 

 9   of state, federal, trial and appellate court 

10   cases.  She is incredibly well-qualified for this 

11   position.  

12                And as important as all of that is 

13   to her new job, it is her civic activity and 

14   dedication to our community that makes her such a 

15   great choice for this position.  The Rochester 

16   Children's Nursery Board, the Pittsford Library 

17   Board, and a finalist for the coveted Athena 

18   Award, which is the highest award given to women 

19   in our community.  

20                So we are proud to recognize and 

21   congratulate the Honorable Debra Martin, and wish 

22   her the very best in her new role, on the very 

23   day that we also recognize Wendy Bleier-Mervis 

24   later today.  So we wish you the very best in the 

25   Court of Claims and the new chapter in your 


                                                               2303

 1   distinguished career.  

 2                Thank you, Mr. President.

 3                ACTING PRESIDENT MARTINS:   Thank 

 4   you, Senator Funke.

 5                (Applause.)

 6                ACTING PRESIDENT MARTINS:   Senator 

 7   Panepinto.

 8                SENATOR PANEPINTO:   Yes, I want to 

 9   rise to congratulate all 14 judges.  

10                As the spouse of a state Supreme 

11   Court judge, I can attest that you are entering 

12   into the best profession that there is.  And, you 

13   know, it's great to be a judge, because you get 

14   to make the decisions.  

15                And I particularly want to 

16   congratulate Senator Grisanti.  He was a 

17   fantastic opponent in my race, was an absolute 

18   gentleman.  We ran a race on issues.  And this is 

19   a well-deserved recognition for him.

20                Also from my district is David 

21   Sampson, who is a lawyer in Buffalo, New York, 

22   who my wife, when she was a lawyer, had a number 

23   of cases with.  

24                And I think that both Mr. Sampson 

25   and Mr. Grisanti have the judicial temperament to 


                                                               2304

 1   be gentlemen on the bench and be professional for 

 2   the litigants and be compassionate, as per 

 3   Senator DeFrancisco.  So I congratulate them 

 4   both.

 5                ACTING PRESIDENT MARTINS:   Thank 

 6   you, Senator Panepinto.

 7                Senator Stavisky.

 8                SENATOR STAVISKY:   Thank you, 

 9   Mr. President.

10                And thank you, Senator Bonacic, for 

11   your reading of the names.  

12                And a special thank you to the 

13   Governor for nominating such a distinguished 

14   group.

15                I particularly want to speak about 

16   my former neighbor but a long-time personal 

17   friend, and that's Judge Margaret Parisi McGowan.  

18                Interestingly, Judge McGowan started 

19   her professional career as a sales agent.  She 

20   became a senior sales agent for Pan Am and worked 

21   there for many years before she went to law 

22   school.  But while she was at Pan Am, she became 

23   an assistant chief shop steward for the Teamsters 

24   union while holding her day job at Pan Am.  

25                And it's interesting because as a 


                                                               2305

 1   shop steward she defended employees, she 

 2   negotiated contracts, she organized workers.  And 

 3   many of these skills, many of these qualities 

 4   have served her so well on the bench.

 5                She is a graduate of the CUNY Law 

 6   School, of which I'm very proud, and spent 

 7   8½ years as a court attorney in the Housing Court 

 8   in the Civil Court in Bronx County.  She was in 

 9   the Housing Court, an appointed judge, from 1998, 

10   spent 17 years as a judge, and went on to the 

11   Family Court in 2006.

12                And what qualities does she bring?  

13   The qualities that we hope every judge will bring 

14   to their service as a judge.  For one thing, she 

15   has private-sector experience.  She is 

16   even-tempered.  I've never seen her get really 

17   angry.  She has a careful listening capacity, she 

18   listens to what people are saying.  And she 

19   brings people together, which is so important in 

20   her service in the Family Court, where families 

21   are at one of the worst times in their lives.  

22   They came before Judge McGowan and they found 

23   somebody who listened, who cared, who was 

24   compassionate.  And these are the qualities that 

25   she will bring to the Court of Claims.


                                                               2306

 1                And lastly let me say that I think 

 2   this has been a tumultuous three weeks for Judge 

 3   McGowan.  Not only was she nominated for the 

 4   Court of Claims, but three weeks ago she became a 

 5   grandmother for the first time, with the birth 

 6   three weeks ago of Mia Scarlett McGowan.  And 

 7   Vincent, we congratulate you on the birth of the 

 8   baby.  But the very proud grandmother I think 

 9   will be an outstanding judge in the Court of 

10   Claims.  

11                Thank you, Mr. President.

12                ACTING PRESIDENT MARTINS:   Thank 

13   you, Senator Stavisky.

14                Senator Larkin.

15                SENATOR LARKIN:   Thank you, 

16   Mr. President.

17                You know, those of us not in the 

18   legal family or judgeships or whatnot, we look 

19   with pride because of what role you play in our 

20   government.  And to all of you, congratulations.  

21   I've known four or five who said it was a long 

22   sweat.  

23                But there are two people here that I 

24   know personally.  And I'd normally go ladies 

25   first, Catie, but, you know, this time it's got 


                                                               2307

 1   to be Senator first.

 2                Mark, Mark Grisanti came here with 

 3   the conviction that we must do what is right, not 

 4   what is popular.  I learned a lot from Mark.  He 

 5   chaired the Environmental Committee, a committee 

 6   I never even wanted to be on, never mind chair of 

 7   it.  But he took that, and the issues that he 

 8   went to, he made sure that the members of the 

 9   committee and the rest of those in our conference 

10   were well aware of why and what we were doing and 

11   what benefit it had to not just the constituents 

12   in the Buffalo area but the entire State of 

13   New York.

14                Mark, you will make your mark on the 

15   bench, and it won't be long.  Thank you very 

16   much.

17                Catie Bartlett.  I don't know the 

18   guy next to you -- Catie Bartlett has had a tough 

19   row.  But Catie Bartlett went to the court and, 

20   not knowing the court, I come out after one case 

21   that I wanted to witness and the guy said, "You 

22   know, I didn't win, but I learned something, that 

23   I appeared before a judge who gave it her honest 

24   opinion."  She did it in the best interests of 

25   why she was a member of the judiciary.


                                                               2308

 1                Catie, Friday I was honored in 

 2   Orange County, and every one of the judges there 

 3   said "Is she going to get it on Monday?"  I said, 

 4   "No, she will not be," and everybody looked at 

 5   me.  I said "Because we're going to do it 

 6   Tuesday."

 7                And the flavor of the people that 

 8   you work with -- the staff, the court officers, 

 9   everyone said she is a lady deserving of this 

10   reappointment.  Catie, congratulations.

11                And by the way, Bill, please drive 

12   home safely with her.

13                ACTING PRESIDENT MURPHY:   Thank 

14   you, Senator Larkin.

15                Senator Martins.

16                SENATOR MARTINS:   Thank you, 

17   Mr. President.

18                First, I want to congratulate all 14 

19   of our nominees.  And I want to congratulate the 

20   Governor for making truly wonderful selections.  

21                In particular, I want to take the 

22   opportunity to congratulate Judge Honorof, a 

23   native of Port Washington in Nassau County, a 

24   jurist sitting on the bench in Nassau County, and 

25   certainly a person whose reputation is one of 


                                                               2309

 1   distinction.  So congratulations, Godspeed, and 

 2   good work.

 3                To my dear friend Mark Grisanti.  

 4   Mark, congratulations to you and to your family.  

 5   I know we can expect great things from you in 

 6   your continued public service.  You've always 

 7   been a person who's demonstrated integrity in 

 8   everything you do.  Congratulations to you.  

 9                And again, congratulations to all of 

10   our nominees on a wonderful selection by the 

11   Governor.  Godspeed.

12                ACTING PRESIDENT MURPHY:   Thank 

13   you, Senator Martins.

14                Senator Hassell-Thompson.

15                SENATOR HASSELL-THOMPSON:   Thank 

16   you, Mr. President.  

17                I rise to congratulate the 

18   government on these appointments.  It's important 

19   for me to make this statement because in the last 

20   two set of appointments I was very critical of 

21   the fact that I felt that the Governor had missed 

22   the opportunity afforded him to increase the 

23   numbers of people of color on this Court of 

24   Claims.  

25                He heard me.  And in these 


                                                               2310

 1   appointments that came before me this morning, I 

 2   was totally pleased to see that there was a 

 3   complete diversity in his selection.  

 4                And while I made the statement to 

 5   the judges that came before us this morning, I'm 

 6   making it on the floor as well.  While many of 

 7   you may not believe that race matters, it does 

 8   matter.  It matters because of the kinds of 

 9   experiences that people of diverse backgrounds 

10   and cultures bring to the bench.  

11                And I think that it matters 

12   whenever -- they all know the law, there's no 

13   question about that.  But what is under question 

14   is how compassionate they are about the people 

15   who come before them with a better understanding 

16   of the circumstances under which people come to 

17   the bench.

18                And so I am very appreciative, and 

19   very publicly I want to acknowledge to the 

20   Governor that I appreciate the fact that he took 

21   our concerns into consideration and in this 

22   appointment not only did he appoint people who 

23   were competent, but those that showed more of a 

24   diversity of who they represent across the state.

25                And Grisanti, I have to just step 


                                                               2311

 1   out and just say, as my colleagues have, I had 

 2   the opportunity to serve with you and I know that 

 3   we have had private and public conversations 

 4   about justice, and I think that you have always 

 5   sat on the side of that.  So it will come as no 

 6   surprise that you bring that quality to the 

 7   bench.  

 8                And I want to personally just 

 9   congratulate you, along with each of the people 

10   that have been appointed today, that I think that 

11   our benches are going to be well-served.

12                Thank you, Mr. President.

13                ACTING PRESIDENT MARTINS:   Thank 

14   you, Senator Hassell-Thompson.  And I certainly 

15   appreciate your points and your comments.

16                Senator Venditto.

17                SENATOR VENDITTO:   Thank you, 

18   Mr. President.  

19                I'd like to express my support, of 

20   course, for all of our nominees today and just 

21   speak very briefly about Cheryl Joseph, who is a 

22   born-and-raised Massapequan, now living in 

23   Amityville, both in the 8th Senatorial District, 

24   which I'm proud to represent.

25                Cheryl, as we heard this morning in 


                                                               2312

 1   Judiciary Committee, has a very accomplished 

 2   legal mind.  She's a brilliant leader.  And she 

 3   is someone who, in the various positions she has 

 4   held, fought to protect children and families.  

 5   She has advised court personnel on all sorts of 

 6   different legal matters and she's supervised, of 

 7   course, domestic violence courts throughout her 

 8   tenure.  

 9                So, Cheryl, to you and to all of our 

10   nominees today, I commend you and your families.  

11   Thank you for all that you've done for our state, 

12   keep up the good work, and congratulations.

13                (Applause.)

14                ACTING PRESIDENT MARTINS:   Thank 

15   you, Senator Venditto.

16                Senator Murphy.

17                SENATOR MURPHY:   Thank you, 

18   Mr. President.  

19                I rise to congratulate the 14 new 

20   judges here in New York State and wish them good 

21   wisdom and great judgment, and to protect the 

22   Constitution that you will be under oath.

23                I would also like to just recognize 

24   our Westchester County district attorney, who's 

25   here in support of one of her fellow friends.  


                                                               2313

 1   Welcome.  

 2                (Applause.)  

 3                ACTING PRESIDENT MARTINS:   Senator 

 4   Flanagan.

 5                SENATOR FLANAGAN:   Thank you, 

 6   Mr. President.

 7                This is unique for me; I have four 

 8   people that I want to comment on.  And I'm going 

 9   to start with a constituent, Mr. Schwartz, who is 

10   sitting up there next to his brother.  

11                And I will say this, without having 

12   a lot of intimate knowledge about your 

13   background.  If you serve the public as well as 

14   your family has, your brother in particular, then 

15   we are going to be very fortunate to have you 

16   seated on the bench.  

17                To the gentleman in the back, 

18   Dan Martin, who hails from the Town of Huntington 

19   represented by my colleague Senator Marcellino, 

20   Dan has had a distinguished career.  And I've 

21   been fortunate and glad to be able to say that 

22   he's been a friend and someone who helped me not 

23   only in politics but in government.  So Dan, to 

24   you, congratulations on your reappointment.  

25                And I mentioned this in Judiciary 


                                                               2314

 1   this morning, and I want to repeat it on the 

 2   floor just because I want it to be part of the 

 3   record.  Cheryl Joseph, I didn't meet her until 

 4   today.  I found out about her, and I don't 

 5   pretend to know her, but I said in committee that 

 6   my mother knows her.  My mother works in Family 

 7   Court, happened to be up here today because her 

 8   judge was being honored at the Court of Appeals 

 9   with a lifetime service award.  

10                But I do know this.  Cheryl Joseph 

11   is going to do a fabulous job.  She has done a 

12   wonderful job as a support magistrate.  I believe 

13   I can see Ethan and Bryce sitting up there, who 

14   are very happy to be there with their mom.  But 

15   if my mother thinks she's a good person, that's 

16   all I need to know.  So, Cheryl, to you, best of 

17   luck.

18                And to Mark Grisanti, for any of you 

19   new judges who are going to be working with Judge 

20   Grisanti, I want to just tell you one quick 

21   story.  I chair the Senate Education Committee, 

22   and I'm going to give this as an indication of 

23   his passion, his dedication, and what I would say 

24   is his diplomatic aggressiveness.  He would come 

25   into conference all the time and he would just 


                                                               2315

 1   slip me notes.  And he would basically say, like, 

 2   fix this.  Like, take care of this, do this, do 

 3   that.  And it was all about his school districts.  

 4                He really paid very deep attention 

 5   to the needs of the people that he represented 

 6   when he was in the Senate.

 7                And I'm just going to close on this.  

 8   Mark, every now and then you get a chance to just 

 9   be very personally happy for people that you've 

10   served with.  And it is absolutely -- and I'm 

11   going to sound like a kid -- it's freaking 

12   awesome that you are now a member of the bench.  

13   The best to you and your family.  

14                Mr. President, thank you.  

15                (Applause.)

16                ACTING PRESIDENT MARTINS:   Senator 

17   Flanagan, well said.

18                Senator Marcellino.

19                SENATOR MARCELLINO:   Thank you, 

20   Mr. President.

21                I just rise to say -- I'm not a 

22   lawyer, but I do have respect for those of you 

23   who are on the bench because you are the 

24   arbiters, the great levelers.  You keep our 

25   society calm and fair.  That's your job.


                                                               2316

 1                Two people I know who are going up, 

 2   and one reappointment, one new appointment.  

 3   Danny Martin from Huntington helped me get 

 4   elected on my first run for the State Senate 

 5   (mumbling) years ago, and we won't go into that.  

 6   But Danny's hair and my hair share the same 

 7   color, so it is something to be considered.  

 8                But congratulations, Dan.  I wish 

 9   you well.

10                Mark, I'm astounded.  I'm absolutely 

11   astounded.  How can they have appointed -- how?  

12   I mean, I don't understand it.  The Governor must 

13   have screwed up somewhere.

14                (Laughter.)

15                SENATOR MARCELLINO:   But all 

16   kidding aside, you're a great person, you're a 

17   good guy.  You were a fantastic Senator; we miss 

18   you here.  And I know you're going to make a 

19   great judge.

20                By the way, all of you, I'm the 

21   national chairman of the Council of State 

22   Governments.  We're the only organization of 

23   state legislatures that includes all three 

24   branches of government:  the executive, the 

25   legislature, and we don't have enough of the 


                                                               2317

 1   judiciary.  So by all means, come, join us at the 

 2   council and help us share your legal expertise 

 3   with the rest of the country, because they could 

 4   use our help as well.

 5                Thank you, and good luck to all of 

 6   you.

 7                (Applause.)

 8                ACTING PRESIDENT MARTINS:   The 

 9   question is on the report of the Judiciary 

10   Committee.  All in favor signify by saying aye.

11                (Response of "Aye.")

12                ACTING PRESIDENT MARTINS:   Opposed, 

13   nay.

14                (No response.)

15                ACTING PRESIDENT MARTINS:   The 

16   report is adopted.

17                To all of the newly appointed 

18   members of the judiciary at the Court of Claims, 

19   congratulations. 

20                (Standing ovation.)

21                ACTING PRESIDENT MARTINS:   Senator 

22   DeFrancisco.

23                SENATOR DeFRANCISCO:   You know, I'm 

24   just looking at that group up there, I've got a 

25   feeling they're going to have a hell of a 


                                                               2318

 1   Christmas party.

 2                (Laughter.)

 3                SENATOR DeFRANCISCO:   But I think 

 4   we're now at the stage of the noncontroversial 

 5   reading of the calendar, if you would please do 

 6   so.

 7                ACTING PRESIDENT MARTINS:   The 

 8   Secretary will read.

 9                THE SECRETARY:   Calendar Number 80, 

10   by Senator Libous, Senate Print 1381, an act to 

11   amend the Real Property Tax Law.

12                ACTING PRESIDENT MARTINS:   Read the 

13   last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect immediately.

16                ACTING PRESIDENT MARTINS:   Call the 

17   roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT MARTINS:   Senator 

20   Espaillat.

21                SENATOR ESPAILLAT:   Thank you, 

22   Mr. President.

23                This legislation proposes to provide 

24   help to the farm business by allowing it to 

25   organize its payments for liens against the 


                                                               2319

 1   property, against properties.

 2                Just as we begin today's calendar, 

 3   we got reports from several news media as to 

 4   what's happening to farmworkers as we again try 

 5   to provide some help to the farm business.

 6                And a farmworker in a winery on East 

 7   End, Long Island, reported being charged for 

 8   drinking water.  In Lowville, New York, a dairy 

 9   worker was beaten because he didn't want to work 

10   on his day off.  On one potato farm on 

11   Long Island, a worker reported being paid only 

12   $25 a day.  And on This American Life, dairy 

13   workers in New York reported sharing beds and 

14   sleeping in bathtubs.  

15                New York State farmworkers are 

16   subject to shameful practices and conditions 

17   while we pass this legislation to bring some 

18   additional help to the farm business.  From long 

19   hours to injuries sustained during work, the 

20   brutality and unsanitary conditions and treatment 

21   of farmworkers is unacceptable.  The Farmworkers 

22   Bill of Rights was passed in the Labor Committee 

23   and is now in the Finance Committee.  We are 

24   hopeful that it moves forward.  This bill will 

25   help not only farmworkers but also those good 


                                                               2320

 1   owners of farms that adhere to good practices.  

 2                So again, Mr. President, we continue 

 3   to provide help to the farm business while they 

 4   continue to mistreat many of their workers.  For 

 5   that reason, I'm voting in the negative.

 6                ACTING PRESIDENT MARTINS:   Senator 

 7   Espaillat will be recorded in the negative.

 8                Announce the results.

 9                THE SECRETARY:   Ayes, 59.  Nays, 1.  

10   Senator Espaillat recorded in the negative.

11                ACTING PRESIDENT MARTINS:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 94, 

14   by Senator Robach, Senate Print 1965, an act to 

15   amend the Highway Law.

16                ACTING PRESIDENT MARTINS:   Read the 

17   last section.

18                THE SECRETARY:   Section 3.  This 

19   act shall take effect immediately.

20                ACTING PRESIDENT MARTINS:   Call the 

21   roll.

22                (The Secretary called the roll.)

23                ACTING PRESIDENT MARTINS:   Announce 

24   the results.

25                THE SECRETARY:   Ayes, 60.


                                                               2321

 1                ACTING PRESIDENT MARTINS:   The bill 

 2   is passed.

 3                THE SECRETARY:   Calendar Number 

 4   173, by Senator Funke, Senate Print 3146, an act 

 5   to amend the Alcoholic Beverage Control Law.

 6                ACTING PRESIDENT MARTINS:   Read the 

 7   last section.

 8                THE SECRETARY:   Section 2.  This 

 9   act shall take effect immediately.

10                ACTING PRESIDENT MARTINS:   Call the 

11   roll.

12                (The Secretary called the roll.)

13                ACTING PRESIDENT MARTINS:   Announce 

14   the results.

15                THE SECRETARY:   Ayes, 59.  Nays, 1.  

16   Senator Espaillat recorded in the negative.

17                ACTING PRESIDENT MARTINS:   The bill 

18   is passed.

19                THE SECRETARY:   Calendar Number 

20   228, by Senator Lanza, Senate Print 3480, an act 

21   to amend the Penal Law.

22                ACTING PRESIDENT MARTINS:   Read the 

23   last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect on the 30th day.


                                                               2322

 1                ACTING PRESIDENT MARTINS:   Call the 

 2   roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT MARTINS:   Announce 

 5   the results.

 6                THE SECRETARY:   Ayes, 60.

 7                ACTING PRESIDENT MARTINS:   The bill 

 8   is passed.

 9                THE SECRETARY:   Calendar Number 

10   327, substituted earlier by Member of the 

11   Assembly Otis, Assembly Print 5641, an act to 

12   amend Chapter 137 of the Laws of 1877.

13                ACTING PRESIDENT MARTINS:   Read the 

14   last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT MARTINS:   Call the 

18   roll.

19                (The Secretary called the roll.)

20                THE SECRETARY:   Ayes, 60.

21                ACTING PRESIDENT MARTINS:   The bill 

22   is passed.

23                THE SECRETARY:   Calendar Number 

24   330, by Senator Carlucci, Senate Print 4682, an 

25   act to authorize.


                                                               2323

 1                ACTING PRESIDENT MARTINS:   Read the 

 2   last section.

 3                THE SECRETARY:   Section 2.  This 

 4   act shall take effect immediately.

 5                ACTING PRESIDENT MARTINS:   Call the 

 6   roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT MARTINS:   Announce 

 9   the results.

10                THE SECRETARY:   Ayes, 60.

11                ACTING PRESIDENT MARTINS:   The bill 

12   is passed.

13                THE SECRETARY:   Calendar Number 

14   461, substituted earlier by Member of the 

15   Assembly Markey, Assembly Print 6976, an act to 

16   amend Chapter 704 of the Laws of 1991.

17                SENATOR GIANARIS:   Lay it aside.

18                ACTING PRESIDENT MARTINS:   The bill 

19   is laid aside.

20                Senator DeFrancisco, that concludes 

21   the noncontroversial reading of today's calendar.

22                SENATOR DeFRANCISCO:   Thank you.  I 

23   would request that you do the controversial 

24   reading.  

25                And I understand this is an 


                                                               2324

 1   important bill and it's going to be debated.  

 2   However, we have something going on very shortly 

 3   that we are going to recognize the Women of 

 4   Distinction.  If there's a way the sponsor and 

 5   those who want to ask questions can do it 

 6   succinctly, it would help everyone.  And we moved 

 7   it as quickly as we can so we wouldn't be in this 

 8   position, so I'm asking for that courtesy.  Thank 

 9   you.  

10                Would you read the controversial 

11   calendar.  

12                ACTING PRESIDENT MARTINS:   Thank 

13   you, Senator DeFrancisco.  

14                The Secretary will ring the bell.

15                The Secretary will read.

16                THE SECRETARY:   Calendar Number 

17   461, by Member of the Assembly Markey, Assembly 

18   Print 6976, an act to amend Chapter 704 of the 

19   Laws of 1991.

20                SENATOR SQUADRON:   Explanation.

21                SENATOR GIANARIS:   Mr. President.

22                ACTING PRESIDENT MARTINS:   Yes, 

23   Senator Gianaris.

24                SENATOR GIANARIS:   I would just 

25   like to make a suggestion on the heels of what 


                                                               2325

 1   Senator DeFrancisco said.  

 2                This is an important bill, and 

 3   there's some substantial questions.  The 

 4   underlying law does not expire for a couple of 

 5   weeks.  So if the majority feels so strongly, 

 6   they could feel free to lay it aside for the day, 

 7   we can come back and debate it when we have more 

 8   time.

 9                ACTING PRESIDENT MARTINS:   Thank 

10   you, Senator Gianaris.

11                Senator Marcellino, an explanation 

12   has been requested on the bill.

13                SENATOR MARCELLINO:   This 

14   legislation, Mr. President, would extend the 

15   existing ticket-scalping law which expires on 

16   May 15th for a full period of one year.

17                ACTING PRESIDENT MARTINS:   Senator 

18   Squadron.

19                SENATOR SQUADRON:   Would the 

20   sponsor yield for a question.

21                SENATOR MARCELLINO:   Yes.

22                ACTING PRESIDENT MARTINS:   The 

23   sponsor yields.

24                SENATOR SQUADRON:   In what way is 

25   this bill different than the extender that was 


                                                               2326

 1   passed in 2014?  

 2                SENATOR MARCELLINO:   In no way.

 3                SENATOR SQUADRON:   If the sponsor 

 4   would continue to yield.

 5                SENATOR MARCELLINO:   Yes.

 6                ACTING PRESIDENT MARTINS:   The 

 7   sponsor yields.

 8                SENATOR SQUADRON:   In what way is 

 9   this different than the extender that was passed 

10   in 2013?  

11                SENATOR MARCELLINO:   To my 

12   knowledge, in no way.

13                SENATOR SQUADRON:   If the sponsor 

14   will continue to yield.

15                SENATOR MARCELLINO:   Yes.

16                ACTING PRESIDENT MARTINS:   The 

17   Senator yields.

18                SENATOR SQUADRON:   In what way is 

19   this different than the extender that was passed 

20   in 2012?

21                SENATOR MARCELLINO:   Are you going 

22   to ask me about '11 and '10 also?

23                SENATOR SQUADRON:   I'm only allowed 

24   to ask one question at a time, through you, 

25   Mr. President.  


                                                               2327

 1                SENATOR MARCELLINO:   You can extend 

 2   the question, because the answer is the same for 

 3   all of them.

 4                ACTING PRESIDENT MARTINS:   Senator 

 5   Marcellino.

 6                SENATOR MARCELLINO:   The answer is 

 7   the same for all of them.

 8                SENATOR SQUADRON:   If the sponsor 

 9   would continue to yield.

10                SENATOR MARCELLINO:   Yes.

11                ACTING PRESIDENT MARTINS:   Yes, he 

12   will.

13                SENATOR SQUADRON:   I assume "all of 

14   them" includes 2011?

15                SENATOR MARCELLINO:   Yes.

16                SENATOR SQUADRON:   If the sponsor 

17   would continue to yield.

18                SENATOR MARCELLINO:   Yes.

19                ACTING PRESIDENT MARTINS:   The 

20   Senator yields.

21                SENATOR SQUADRON:   And 2010?

22                SENATOR MARCELLINO:   I think I said 

23   that already.

24                SENATOR SQUADRON:   Thank you.  If 

25   the sponsor would continue to yield.


                                                               2328

 1                SENATOR MARCELLINO:   Yes.

 2                ACTING PRESIDENT MARTINS:   The 

 3   sponsor yields.

 4                SENATOR SQUADRON:   Last year on the 

 5   floor the sponsor said, when we were debating 

 6   this bill, that we would talk about amendments in 

 7   the coming weeks, both around transparency issues 

 8   that the sponsor has long carried and along the 

 9   lines of protecting charities from profiteering 

10   that I have long carried.  Have any of those 

11   discussions proceeded?  

12                SENATOR MARCELLINO:   Not to my 

13   knowledge.

14                SENATOR SQUADRON:   Thank you.  

15                On the bill, Mr. President.

16                ACTING PRESIDENT MARTINS:   On the 

17   bill, Senator Squadron.

18                SENATOR SQUADRON:   It's become an 

19   annual tradition in this house since 2010 to pass 

20   this extender of the resale law without 

21   amendments.  

22                The discussions that were promised 

23   last year on important amendments to this bill 

24   did not happen, as they have not happened in the 

25   preceding five years.  Here we are again passing 


                                                               2329

 1   a bill that remains unchanged, a bill that allows 

 2   profiteering from the resale of tickets that were 

 3   meant to raise funds for charities.  

 4                Last year I spoke about the 12-12-12 

 5   Concert when artists donated their time to help 

 6   Sandy victims.  The show sold out in minutes, and 

 7   resellers posted tickets at prices up to $6,500, 

 8   without any of the profits aiding victims as the 

 9   artists had intended.  

10                In 2013, Billy Joel performed a 

11   charity concert for Long Island Cares, the Harry 

12   Chapin Food Bank in Suffolk County.  The tickets 

13   were sold out in minutes and then resold online 

14   for $4,000, none of it going to the charity.  

15                This year the MusiCares MAP Fund 

16   will host a benefit concert -- again, Billy Joel 

17   and Joan Jett -- to raise money for addiction 

18   treatment.  Tickets started at $65, being resold 

19   on CheapOnlineTickets, EBay, StubHub for over 

20   $1,250.  

21                Bombshell the Musical is a 

22   one-night-only performance on June 8th this year 

23   for the Actors Fund, which supports healthcare 

24   for theater professionals.  Tickets were $100 as 

25   part of a Kickstarter campaign to get people 


                                                               2330

 1   involved.  They were resold for $2,300, and on 

 2   Craigslist resellers are soliciting the highest 

 3   offers they can get.  

 4                The list goes on and on.

 5                Think about it.  Profiteers making 

 6   money to line their own pockets off the backs of 

 7   the generosity of artists, and instead of 

 8   allowing the charities who are supposed to be the 

 9   beneficiaries to get the dollars they so 

10   desperately need.

11                As a great Long Islander might say:  

12   Billy Joel, Alicia Keys, New York, not 

13   New Jersey; Roger Waters, Bon Jovi, Kanye West, 

14   Broadway shows; Eric Clapton, Rolling Stones, 

15   Bruce Springsteen, Dave Grohl; Chris Martin, 

16   Michael Stipe, what a lineup, what a night.  

17                We shouldn't scalp these tickets.  

18   They were too expensive, tried to tell the 

19   Senate.  We shouldn't scalp these tickets.  Five 

20   years to write it, it's our chance to fight it.  

21   We shouldn't scalp these tickets.  

22                Or, to quote Jay Z when he played 

23   for the Police and Fire Widows' and Children's 

24   9/11 Benefit Fund:  "We are truly disheartened 

25   that certain individuals" -- this is Jay Z -- "We 


                                                               2331

 1   are truly disheartened that certain individuals 

 2   would choose to benefit from what is meant to be 

 3   a hundred percent charitable event.  We do not 

 4   support any profits made from reselling any 

 5   ticket that was meant to be purchased by honest 

 6   fans."  That's the artist talking.  

 7                Let's stick with Jay Z.  

 8                V to the izz-O, T to the izz-E, 

 9   welcome ladies and gentlemen to the 8th wonder of 

10   the world, the New York State Senate ... oh it's 

11   timeless ... VOTE No!  Thanks for comin' out this 

12   afternoon.  You could have been anywhere in the 

13   world, but you decided to come to session.  I 

14   appreciate that.  

15                H to the izz-O, T to the icket, on 

16   charity shows sezillers say "stickit."  Of ticket 

17   scalping you wouldn't believe, charities cheated, 

18   funds diverted like thieves.  

19                V to the izz-O, T to the izz-E, stop 

20   this bill, stand with me.  V to the izz-O, T to 

21   the izz-E.  Now's the time, Mr. President, I 

22   vote -- and I hope you do as well -- N to the 

23   izz-O.  

24                Thank you, Mr. President.

25                (Laughter.)


                                                               2332

 1                ACTING PRESIDENT MARTINS:   Thank 

 2   you, Senator Squadron.

 3                Any other members wishing to be 

 4   heard?

 5                Seeing none, debate is closed.  

 6                The Secretary will ring the bell. 

 7                ACTING PRESIDENT MARTINS:   Read the 

 8   last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT MARTINS:   Call the 

12   roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT MARTINS:   Senator 

15   Marcellino to explain his vote.

16                SENATOR MARCELLINO:   Yes, 

17   Mr. Chairman, to explain my vote.  

18                We talked about hearings and we 

19   talked about a meeting.  And I would be more than 

20   happy to have them, but a meeting and a hearing 

21   requires two houses to make it work.  So perhaps 

22   the Senator could issue and rewrite his report 

23   and rewrite his music and take it over to the 

24   other house, who has yet to get back on a meeting 

25   date to have the conference that would be 


                                                               2333

 1   required to consider the amendments he would like 

 2   in the bill.  

 3                We will be happy to have them in the 

 4   bill, or talk about them, anyway, but we need 

 5   another house.  So go over there and play your 

 6   music there, and get them to answer the question 

 7   and set a date.  

 8                I vote aye.

 9                ACTING PRESIDENT MARTINS:   Senator 

10   DeFrancisco.

11                SENATOR DeFRANCISCO:   No to the 

12   Dan-O, yes to the fan-O who wants to see Jay Z.  

13                I vote aye.

14                (Laughter; applause.) 

15                ACTING PRESIDENT MARTINS:   Senator 

16   Squadron.

17                SENATOR SQUADRON:   On behalf of my 

18   constituent Jay Z, I wanted to thank Senator 

19   DeFrancisco for his fandom.  

20                I continue to vote no.

21                ACTING PRESIDENT MARTINS:   Announce 

22   the results.

23                THE SECRETARY:   In relation to 

24   Calendar 461, those recorded in the negative are 

25   Senators Breslin, Carlucci, Comrie, Díaz, Dilan, 


                                                               2334

 1   Espaillat, Hassell-Thompson, Hoylman, Montgomery, 

 2   Peralta, Perkins, Rivera, Savino, Serrano, 

 3   Squadron, Stavisky and Stewart-Cousins.

 4                Absent from voting:  Senators 

 5   Krueger, Panepinto and Parker.

 6                Ayes, 41.  Nays, 17.

 7                ACTING PRESIDENT MARTINS:   The bill 

 8   is passed.

 9                Senator DeFrancisco, that completes 

10   the controversial reading of today's calendar.

11                SENATOR DeFRANCISCO:   Yes, I'd like 

12   to thank both sides of the aisle for their 

13   courtesies so we can get to this event.

14                Secondly, tomorrow we have 

15   West Point Day.  Please be here on time to honor 

16   those who may be in combat next year.  

17                And is there any further business at 

18   the desk?

19                ACTING PRESIDENT MARTINS:   There is 

20   no further business at the desk.

21                SENATOR DeFRANCISCO:   That being 

22   the case, we'll adjourn until Wednesday, May 6th, 

23   at 11:00 a.m.

24                ACTING PRESIDENT MARTINS:   On 

25   motion, the Senate stands adjourned until 


                                                               2335

 1   Wednesday, May 6th, at 11:00 a.m.

 2                (Whereupon, at 5:34 p.m., the Senate 

 3   adjourned.)

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