Regular Session - May 5, 2015
2227
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
7
8
9 ALBANY, NEW YORK
10 May 5, 2015
11 3:28 p.m.
12
13
14 REGULAR SESSION
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16
17
18 SENATOR JACK MARTINS, Acting President
19 FRANCIS W. PATIENCE, Secretary
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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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